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EEPORT
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1920.
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UNION OF SOUTH AFRICA.
REPORT
OF THE
Iiiter-Departnieiital Oonimittee
ON THE
NATIVE PASS LAWS.
1920.
Presented to both Houses of Parliament by Command of His Royal Highness
the Governor-General.
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1922.
[U.G. 41-'22.]
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UNION OF SOUTH AFKICA.
Report of tho Interdepartmental Corninittee on the
Native Pass Laws 11)20.
Presented to botit Houses of I'urliaiiient bt/ Coiin/itniil of His /'oi/nl II i (/Imi-ss
the Governor-General .
Dej)aitnieut of Native Afi'airs,
Z.A.S.M. House,
P.O. Box 384,
Pretoria,
L'4lL March, 1920.
To the Honourable
The Minister of Native Affaiks,
Pretoria.
We have the iiououi- to present the followini;- report:
PAKT I.
Introduction.
1. Your Committee was appointed on thrj 2n(l of .Tanuarv, 1920, under Government
Notice No. 12 of 1920, consisting of: —
Lieut-Colonel G. A. Godley, C.B.E., Acting Under Secretary for Native Affairs
(Chairman).
H. S. Cooke, Esq., U.B.E., Assistant Director of Native Lalwur.
W. T. Welsh, Esq., Assistant Chief Magistrate, Transkeian Territories.
J. F. VAN Iddekincje, Esq., Magistrate, Bethlehem.
Captain H. D. Hemswoeth, Sub-Native Commissioner, Pretoria,
with the following terms of reference, i.e., to consider and report: —
A. To what extent the existing pass laws in the various Provinces can be revised and
modified, with a view to: —
(1) the removal of grievances alleged h\ those to whom they apply;
(2) the effective operation of the restrictions, the retention of which, may be found
necessary or desirable ; and
(3) simplicity of administration.
B. To what extent such provisions relating to passes as the Committee may recommend
can be consolidated for general application throughout tlie Union, or throughout
merged areas of Provinces or Districts with a view to increased uniformity.
C. Whether, and to what extent, it would be practicable to make use of the tax receipts
issued to natives in substitution for passes or documents of identification.
1). To what extent the existing regulations relative to the registration of contracts under
Act No. 15, 1911, require revision.
E. Wiiether and, if so, to what extent any modification of the provisions of Act No. 15,
1911, may be necessary;
and generally to submit concrete proposals in the premises.
2. In regard to the terms of reference it may be stated that the following letter was
addressed on the Tth .January, to the Chairman by the Secretary for Native Affairs: —
" As it has been suggested that the terms of reference to your Committee,
" letters (D) and (E) in Government Notice No. 12 of 1920, might be erroneously
" construed as involving a general duty of revision in regard to Act No. 15 of 1911
" and the regulations thereunder, I am directed by General Smuts to inform you
" that the terms of reference to your Committee were drawn with the intention of
"including only such aspects of the Native Labour Pegulation Act as can in any
" way be correlated with the pass system. This seems sufiiciently obvious from the
" notice. . .
" It may seem to you superfluous to point out that the provisions of Act No. lo
" of 1911 in regard to' the native lalxjur supply, control of recruiting, appointment
"of inspectors, etc., are not within the purview of your Committee but it has been
" sugo-ested that certain witnesses whom you h.ave to examine may wish to deviate
"from the objects of your enquiry to extraneous matters."
[F.G. 41— '22.]
3. Ill order to fiive every oi)|)ortuinty to persnuv desirous ot <iivi)i<^ evidence of appear-
ing before the Conuiiittee we arranged to sit at the principal centres throughout the
Union. Notices givinji- the terms of reference to tlie Committee were published for general
information in the Press and invitations to give evidence were sent to the representatives
of the agricultural, industrial, mining and commercial interests, municipal and native
welfare associations, native political l)o<lies, missionary organizations as well as to magis-
trates and the police authorities at the centres which, the Committee proposed to visit. As
far as possible we confined our invitations to representative bodies or associations leaving
it to individuals to come forward and tender evidence if they so desired. We commenced
our sittings at Johannesburg on the 12th January, 1920, and subsequently visited and took
evidence at Pretoria, Pietermaritzburg, Durban. Kokstad, rmtata, King "William's Town,
Port Elizabeth, Cape Town, Kimberley and Bloemfontein. 1:38 groups of witnesses repre-
senting public bodies, associations and individuals, were examined, a list of which is
attached. (Annexure A.)
PAET II.
Htstohical.
IS
4. Before dealing with the findings and recommendations of this Committee it
advisable to prefix a brief history of the pass laws and the ciicumsfanees which led up to
its appointment.
5. A memorandum dealing in detail with the pass laws in operation was published as
an annexure to the second and third reports of the Parliamentary Committee on Xative
Affairs in 1914 [8.C. S — '14]. This has been revised and brought up to date and is
attached. (Annexure 15.)
Pass laws in the various Provinces of the Cnion have in the past been considered
necessary to secure control over the native population and to provide a safeguard against
crimes such, as stock theft. In the earlier days their aim was principally directed against
an influx of natives from the neighbouring barbarian tribes and for the protection of the
cattle and property of border farmers. As the country became more settled they were
utilized for enforcing contractual obligations between natives and Europeans and for
detecting deserters. liater, T\hen the natives began to seek employment in the large Euro-
pean urban and mining centres — more particularly the Witwatersrand — these laws,
amplified and extended, have been used to maintain order, to detect desertion, to identify
on behalf of their lelatives natives who have become lost and to trace the heirs of those
who have died leaving assets which should properly be distributed at their homes.
6. The earliest reference to pass provisions in the Cape appears to be in the Procla-
mation of the Earl of Macartney, dated the 27thi of June, 1797, which aimed at exclud-
ing all natives from colonial territory and directed farmers and others employing natives
to discharge them. A policy of out-and-out segregation was probably contemplated and
no native was to be allowed within the established limits of the Colony without a pass.
This policy was subsequently abandoned and Ordinance Xo. 49 of 1827 made provision for
the admission of native foreigners for employment in the Colony under passport. Act No.
22 of 1867 which repealed this ( )rdinance still remains in force.
7. By Act No. 23 of 1S79 as amended by Act No. 27 of 1889 an owner, lessee or
lawful occupier of any land or his duly authorised representative can apprehend as an
idle and disorderly person, and take before the nearest magistrate or special justice of the
peace, any person found without his permission wandering over any farm or loitering
near any dwelling house, shop, store, kraal, or other enclosed place or loitering upon any
road crossing such farm. The onus of proving his boiw fides is further placed upon the
person arrested.
It is usually stated that no control of the movement of the native popiilation exists
in the Cape Province proper beyond tliie laws dealing with passes for native foreigners
which have fallen into desuetude, but it will be seen that the provisions of the law above
quoted to a large extent fulfil the same purposes as the pass regulations of the Transvaal.
It is well that this should not be overlooked in comparing the position of the natives
in the Cape Province proj^er with that of natives in the other Provinces.
8. It will be apparent from Annexure B that little or no attempt had been made
prior to Union to deal with this matter on uniform lines although each government had
felt it necessary to maintain some system of control over the masses of uncivilized natives
within their respective borders. It is noteworthy too that the Schedule to thie Act of
Union setting out the conditions under which the neighbouring territories might subse-
(|uentlv be incorporated with the Union contemplated the existence of pass laws, as Section
IS of that Schedule stipulates that '' tkere shall be free intercourse for the inhabitants
"of the Territories with the rest of South Africa subject to the laws inrhidi/iff the pass
"lows of the Union." With the achievement of Union, however, the differences between
these varying systems at once began to come into prominence and furnished the more
advanced natives, who were by no means satisfied with their position under the Union
settlement, with a political cry.
3
0. Allcr tlu> Sciiidi AtricMii \\;ii a Miuil;ir iiin\cinriil lodk |il;(c(' in (ho Tiimsviial for
llu' iiliolitioii ot (lie pass laws and IcKcis wcri' atltlii-'S'-cd to ilir [iii|iriial ( idvcrimiciil liv
the A Ixii ii;iiM'> I'nid'cl icni Socii'ly in l'".ni;laii(l pic^^infr lui lln- fiiiaiiciljalioii ol tlic iialtvc
]>ii[)ula(ion nl I lie 'I'raii^vaa! IKmi llic ;ill('i;('(l ()])|)rcssiM' cnarl incnls of llic forniiT l!i|nildi-
caii (!(i\cTiinirnl wliirii iiMiia iiic(l in imii' iiinirr ('r<i\\ii ChIkiiv Ailniiiiisdation.
riic lli;:li ( '(ininiissioiicr (T;(inl Milnci) in n'|)(n(in>;' 1o till' Iin])('iial (i()\ ciinncMl mi
litis i('(nic>l staled llial " 'I'lic root idea ot (he old pass law was iiol a wnin;,' oiii'. If
" AI)oiif;iiial Xatives art' to coino and j^-o in laijic nundicr^ in scaicli ol laliour and are to
"reside foi- consideiahle ])eriiids in llie nii(K( nt a \vliile (onuiiunilv tliric inn^l Ke some
■■ ])assj)oit system, else the ])la(e will he a pandemdiiium. Alike lor the prolectiou ol the
■'natives and for the protection of the whites it is ahsolulely essential to have some reason-
■' able arrantrement hy which the inconiinj;- native can he identified and his movements
"traced. The ini]novement ot the laws is therefore merely a step: it is onl\- ^onnil and
"honest administration which can make the best of laws of anv nse."
10. The same despatch contains a warning a<fainst the dani^er of interference in South
African native affairs by well-meaninfi' people in (ireat Britain. This warning has not
been followed by the leaders of the advanced section of the native population who recently
directly approached the Imperial Gtovernment and public bodies in Kurope.
Lord Milner further pointed out that the Administration had had the benefit of th<»
advice of leading colonists thoroughly familiar with the intricacies of the old pass laws
and with the difficulties presented by the registiation of native labour. He protested
against the unjustified sxispicion and hostility towards their fellow-countrvmen in South
Africa, displayed in th,e letters of the Anti-Slavery Association and the Aborigines l*ro-
fecfion Society and indicated that there was an increasing recognition on the part of the
South African public of the heavy responsibility involved in the government of a vast
native ])opulation and of the duty and necessity of raising it in the scale of ci vili/ation.
11. Sir Godfrey Lagden, the Commissioner of Native Affairs, -whose luenmrauduni the
High Commissioner was discussing in the above (juoted des])atch. also lemarked that
■■ Many of the laws and regulations in force imder the late Transvaal Kepublic were sound
" in principle though their administration was defective I am convinced of the
" necessity of all natives being compelled to carry parses as much for the security and
"protection of themselves as for the white people."
12. It will be seen, therefore, that in 1901 the principal authorities in regard to
native affairs considered a pass system necessary.
13. Again in 1903 the South Afiican Native Affairs Commission reported as
follows : —
" The Commission gave careful consideration to the subject of pass laws, and,
" while agreeing that the pass system was still necessary in most of the Colonies
" and Possessions, was unanimously of opinion, that natives travelling with a pass
" should lie hindered as little as possible by local regulations, and that attention
" should be specially directed to the needless and vexatious detention of natives for
" long periods at border and other stations when travelling to and from labour
" centres. It is recommended that better facilities on the railways, aird rest-houses
" at certain stations and along main laljoui- routes remote from the railways, be
"provided for natives travelling, and that greater attention be given to sanitary
"arrangements in the way of latrines, lavatories, etc.,"
and unanimously resolved: —
" That travelling passes issued under the recognised regulations of any Colony
"or Possession shiould be in force till the journey has been completed, requiring
" onlv to be vised if thought necessary, and without charge, on arrival at the first
"pass office in any other Colony or Possession."
And further suggested that : —
" Uniformitv in the form of pass issued: a distinctive r<ilonr tn be adopted by
" each Colony."
14. The centre of the agitation against the pass laws has, until within recent years,
been in the Orange Free State and has, in reality, been a struggle against municipal bye-
laws and the Acts under which they are framed rather than a movement against the
o-eneral pass laws as in operation in that Province. The latter laws were not oppressive
and those provisions to which exception might have been taken by the natives were
modified prior to Union by the Orange River Colony Government or the hardships due to
them alleviated by the liberal interpretation of the local courts. The matter formed the
subject of enquiry by the Orange River Colonv Commission on Xatives and Native
Administration. '(S.I). 3930. A. 7527—9.)
The agitation in respect of the municipal regulations has been directed mainly against
the provisions requiring native women to carry passes. Many of the local authorities i
instead of collecting from the natives in various municipal locations the taxes necessary /
to cover the cost of administration in the form of a rent charge, obtained their revenues
under a variety of heads in the shape of small monthly levies. These comprise charges in
respect of stand permits, residential pas.ses, visitors' passes, seeking work ])asses. einploy-
[U.G. d— '22.]
meiit registration certificates, permits to reside on enii)loyer's premises, work-on-own-beli.ilf
rertificates, domestie service hooks, washerwomen's permits and etileriainment permits.
15. Petitions praying' for relief were addressed liy (he native or>>aiii/ations to Sir
Uamilton Gould Adams, Governor of the ((range Eiver* Colony, shortly before the terniina-
lion of his office; to the T'nion Minister of Native AITairs ii'i l)(i(>nii)cr, 1910: and again
in April, 1912, when a deputation of native women waited on liini in Cape Town 'and
presented a petition signed hy seveial humlreds of women rcsidnit in the towns and
villages of (he Orange Free State.
A further petition was presented in August, 19 1.'!, in connection with the imprison-
ment of certain native and coloured women tor j)assive lesistance to the law, and another
to the Prime Minister in December, 1913, by th,e executive committee of the Orange Free
State Native Association. A petition which was referred to the Select Committee on
Native Affairs was also presented to Parliament by Senator Colonel the Honourable W. E.
Stanford in 1914 on behalf of the Orange Free State natives.
16. Passive resistance movements during this period occurred in several of the Orange
Free State towns, the native women refusing to tal^e out and carry passes. For such
offences they were in many instances prosecuted, sentenced and served terms of imprison-
ment. Unfortunately cases occurred of native police and others molesting native women
under cover of demanding their passes and these were made good use of by the native
leaders in consolidating opposition to the existing laws. As it was not possible to alter
the regulations without legislation by Parliament the Department of Native Affairs made
representations to the local authorities with a view to their agreeing to relax the law in
so far as women were concerned, and the assistance of the Administrator of the Orange
Free State was also sought in this connection. The position, however, remained
unchanged.
17. In 1913 the Commission appointed to enquire into Assaults on Women stated in
its report [U.G. 39 — '13] that the prime necessity in regard to the pass law system was that
it should be simplified and made intelligible to the native. It also pointed out that the
I laws in question were not published in the native's own language and that in any case
jthey were so intricate that it was doubtful whether he could comprehend them. The
native, therefore, was constantly getting into trouble by transgressions which he probably
did not know to be such.
The recommendations of this Commission summarized were as follows: —
(1) That the pass laws be simplified and as far as practicable made uniform through-
out the Union.
(2) That the power of making pass regulations be not left in the hands of muni-
cipalities.
(3) That all passes and permits to be out at night be required to be written on a
prescribed form. That the material for passes be parchment or other enduring
material and that they be signed by the bearer or have an impression of his
finger prints.
(4) That Curfew regulations be applied to both sexes.
(5) That rest houses be established at suitable spots for natives looking for work at
Johannesburg.
(6) That the ascribing of a false charactea' to a native on a pass be made a punish-
able offence.
18. In 1914 the matter was considered by the Select Committee on Native Affairs
which reported thiat it was undesirable at that stage to attempt to legislate with a view
to the consolidation of the complex and diverse pass laws in force in different Provinces,
but it considered that such legislation should await the action to be taken by Parliament
on the report of the Natives Land Commission. At the same time it recognised that there
were certain defects in, and grievances under, the pass laws which might well be i-emedied
as a temporary measure pending consolidating legislation and accordingly it submitted a
draft Bill for consideration by Parliament. This measm-e was not proceeded with, possibly
because a satisfactory solution of the difficulty could only be arrived at by considering the
problem as a whole and by the introduction of a measure applying throughout the Union.
At the time the Government was considering the basic principles of its native policy
in the form of the Native Administration Bill and this doubtless influenced it in not
dealing at the time with the question of pass laws.
The outbreak of th,e war resulted in the postponement, at the request of the natives
themselves, of all native legislation and the Administration remained faced witli a situa-
tion which could only be relieved by Parliament.
19. In the meantime difficulties were increased liy the active inter^ention of the
African Political Organization (the Coloured ])eople"s organization) which espoused the
cause of its compatriots in the Orange Free Stale who were subject to similar disabilities
to those under which natives were placed.
In March,, 1917, a deputation of five of the executive of this organization, of whom
Talbot Williams, the Secretary, was the princinal speaker, waited on the Under Secretary
for Native Affairs with a view to getting certain of their grievances brought to the notice
of the Prime Minister. They pointed out that in view of the attitude taken up by the
AA'liite Ti'iidcs I'liiotis and (lie iiicrfaseil ift'liiif;- aj;aiiist culuuicd lahoiir, « liicli was maiii-
festino; iiself tliioufilidul the riiiou, tlipir position was heeoiuiiig- intoli'iablc. Their people
were be^innin<^- (o realise dial (iicir only course wa- to throw iii fjieir lot with the natives
and organize a " Ulark Strii<e"" whieh would secure iliem the redress tliey could not other-
wise ohlain. 'i'iiey |ioinled out that (his was not a tiireal and tluil to unite with tlie
nati\es \xas a course w iiicii was iihks( dislastefuj In a people who re;,''arded tlieni^tdves as
■' iieaiei- llieir European lial l-hrol liers llian llieir Native lial l->ister-. "
They stated lurtiier that while I h.e older men nii^lit desire to discouraj;e tiie hotheads
and ((Uinsel a i)rolon"^at ion nl |)atien(e, nowhere on the piditical hoii/on could they point
to any ray of li.siht to divert tlieir minds Ironi a couise which, fiaughl as it was with
danger to the future of South Africa, diil, they were told, at least ])romise some result.
Following a subsequent interview whi(li, tiie delegates of I lie Afiican rolilical Drgani-
zation had in Cape Town with the Minister of .Tustice, it was decided l)v tiie (iovernnieni
to request the Police to hold its hand in the I (range Free .State in so far as native women
were concerned, pending the enactment of a new pass law. As a result of this action the
passive resistance movement largely ceased. Tiie <lisconleut. however, still contiiuied in
respect of the municipal regulations generally whii h were alleged to contain many other
petty restrictions wh.ich operated harshly against the lesidents in muniei])al locations.
20. In the meantime the native organization known as tiie South African Native
Xational Congress, with branches in all the Provinces, had been extending its influence
throughout the T'nion. This body is numerically small and has never produced any
register of membership. It has, however, during the last few years wielded an increasing
influence in formulating native opinion. A lar,ge majority of its members is comprised of
natives who have acquired a certain amount of education only to And the professional,
clerical and skilled avenues of employment practically closed to them and who, in some
cases, have been reduced to living by their wits or at the expense of their fellow-natives.
The grievances of their compatriots have offered a fertile field for their activities, a not
unimportant item at their meetings being the collection of funds to further the campaign
against the barriers which are alleged to be preventing them from acquiring all the liber-
ties and privileges of Europeans.
The Government has adopted a sympathetic attitude towards this body, receiving its
complaints and investigating and replying to them. Further, whenever matters have
arisen which affected the interests of the educated .section of the native population, it has
been usual in the absence of any representative native councils to afford the Congress an
opportunity of expressing its opinion on the matters at issue. A clear distinction has,
however, been drawn between this class and the natives living under tribal conditions.
In the latter case it has always been customary to seek native opinion through the medium
of the Chiefs. This practice has not satisfied the Congress whose aim has been to make
itself the medium of communication between the Government and the people. To such a
body the pass laws offered an excellent line of attack against the Government and the
subject was taken up with zest and made one of the principal planks in its programme.
The promise of securing freedom from the necessity to carry a pass was an excellent
draw at native meetings and a popular means of obtaining financial support. Encouraged
by the success of European employees in securing increased wages the native municipal
employees in Johannesburg endeavoured in -lune, 1918, to secure similar results by sdik-
ing. Their effoa'ts were abortive, however, and the result was attributed to the existence
of the pass laws and the system of registration of contracts under which they were unable
lawfully to leave work at a day's notice. The avowed object of the Congress from that
time has been to abolish passes and contracts with a view to giving natives freedom of
action to paralyse the industrial world by strikes. By this means it was hoped to secure
the objects they had in view, which were not to be limited to the abolition of passes.
21. The Government appointed Mr. -T. B. Moffat, Chief Magistrate. Transkeian Terri-
tories, as a Commissioner to enquire into the causes of this strike.
He reported, inter alia, as follows: —
" In the first place there is no question that on the Witwatersrand with between
" two and three hundred thousand natives, most of whom are uneducated, a pass
" system of some kind is absolutely necessary in the interests as much of the natives
"themselves as in the interests of the community genenvHy.'
I ■■ Within twenty-four hours of his arrival in a Labour District the native has
" to report himself at a ])ass office and is granted a pass for six days to enable him
/ "to find an employer.
" It was represented that it was a hardshij) that natives not succeeding in
" securing employment within the six days found in the district after the expiry of
" this period are liable to be punished. The Director of Xative Labour stated,
" however, that any native who can show that he has made hona fide efforts to
" obtain work without success is granted a second jiass for another six days, and
"that it is only in cases of confiimed loafeis tjiat proceedings are taken,
[U.G. CI— '22.]
6
"Acoordinp' to a letinii fuinislicd liy tlio Diiccloi-, l-'lCi/i;")! passes to seek work
"were issued duviufi' tlie twelve iiionllis ended :)0(li .liino, 1!)1S, :,iid in only l.tlDl
"eases were passes issued to return honic l)^vinf>■ to faihue lo ohtain woik.
" 'JMie evideiH-e does not sli.ow thai the rcf-uhition as administered imposes any
" hardship on natives who g-o to laliour centres honestly desiring' to o(.( work."
On the .subjeet of night passes lor women Mi'. MidTat, alter i)ointing out that it was
questionable in his opinion whether it was the intention of the trameis of the Night
Passes Ordinance that this law sh;ould apply to native women, stated that this provision
could very reasonably be regarded as a grievance and tluit " there does not appear to be
" suflScient ground to justify imposing this disability on all women. The ordinary law is
" sufficient to deal with women of bad character. During the year ended 30th June,
" 1918, 342 women were convicted in the Witwatersrand area under the ordinance."
22. In October, 1918, the Secretary for Native Affairs interviewed the native delegates
who had previously met the Prime Minister and conveyed to th^em the decisions of the
Government in regard to Mr. Moffat's recommendations, one of which was that the Night
Pas^ses Ordinance would not be enforced in the case of native women as long as the relaxa-
tion did not lead to an undesirable state of affairs.
23. The Congress representatives, however, were not satisfied with this and other
concessions made at the time and a further interview took place between th<>m and the
Acting Prime Minister (Mr. Malan), when he felt it necessary to put it plainly to the
natives that neither Parliament nor the Government would agree to the abolition of all
control over the native population in its present stage of development, and while he was
in accord with the principle of granting a liberal exemption to natives who had qualified
to be outside the pass laws, it was neither in the interests of the community as a whole
nor of the natives themselves to grant what the Congress was striving to attain. In
replying to the deputation he stated : —
" The pass laws do not exist for the purpose of slavery, as has been said this
■' afternoon, but for the purpose of assisting and protecting the uncivilized native.
The natives have to live alongside the white man in South Africa. They are not
" on the same footing and unless you have a pass law and other similar regulations
" it must inevitably lead to trouble, and people w-ill take the law into their own
" hands when the native will suffer as well as the white man. I hope, however,
" that as the natives get more educated and better civilized it may be possible to
" remove the pass laws. This cannot be done to-day, but we can say to-day to a
" native who is civilized and educated, 'We will exempt yon from the pass law,
" and the number of exemptions will increase as time goes on.' As a friend of the
" natives I hope that the number will increase and that every year there will be
" more and more natives who will qualify to be outside the pass laws, and that
" .should be an ideal for which, every native should strive. A native who has
" obtained an exemption must regard it as a privilege in the same way as havin,g
" the vote under the Hofmeyr Act is looked upon as a privilege, and thus you will
" see that the system of giving exemption from the pass laws and under the Hof-
" meyr Act are in the same direction of uplifting the native who is down."
24. The agitation continued, and was now coupled with the demand for increased
wages. An attempt was made to inaugurate a passive resistance movement on a large
scale to emphasize these matters under which all passes were to be collected in sacks by
the leaders of the movement and returned to the Government Disturbances ensued and
an enquiry followed into the conduct of the Police on the Witwatersrand in dealing with
the trouble. The Commissioner, Mr. G. J. Boyes, Magistrate of Kimberley, found that
the Police had not adopted any measures which were not necessary for the maintenance
of public order. He suggested, however, the desirability of instituting a general enquiry
into the pass laws of the Union with a view to co-ordination and the removal of unneces-
sary provisions.
25. It remains to refer briefly to the position in Natal and in doing so it is well to
quote from the Natal Native Affairs Commission Report, 1906-1907, Section 71 of which
states : —
" The practical utility of the Identification Pass Act and its regulations has
" had few vindicators. Except from landlords as giving them some hold over their
" tenant servants, thej' received but a dubious support, while others asserted the
" failure to adequately attain the objects desired, their requirements in the country
"and smaller towns being generally unobserved. The issue of passes is without
" charge and entails an immense amount of work at the Magistrates' Offices, par-
" ticularly when renewals at the small fee of Is. are sought. The advantages of
" the system are said to be the tracing of absconding servants and, in a lesser
" degree, criminals. To counterbalance these benefits are the additional labour
"devolving on officials, the obstruction put in the way of labour supply; the loss,
" interchange, loan and theft of passes; and the fact that very many instances of
" employment occur without the pass, and the question arises, is the gain worth all
" the labour and worry involved ; The Act should be repealed and it personal
" identity be deemed essential when employing servants, some better system_ devised
" than a perishable bit of paper and an imperfect description."
!?(>. ( '(iiiilriiiiiiil 1(111 (if lli(> sysloiii ill npoiiit idii in llip Troviiu-e is general iiiul lias come
liriucipally iiuiii the J'jinopcaii section (if lli,c |)U|iulatioii as is evidenced by the following
cxliaci from the report ol the Departmental Committee apjiointed to en()uire into and
leporl upon the alleged shortage of native laliour in .Natal in 191S:
A great volume of evidence was directed against the j)ass laws of Natal,
'■ whit ii aliiKi^t every employer of lalxiiir described as valueless fiom the point of
"view of securing observance of contiact ual (ibligations. ()ui- investigations satis-
" fied us that although certain defects in the laws were apjiarenl, the basis of justi-
" fiable complaint was the metiiod addplcd ;iiid thie somewiial loose administration
" of the laws.
"There was a lameiiialilc lack (if kudwlcdgc on (he ])aii of the nuijority of
" witnesses as to the protection afforded to employers binder the Masters' and Ser-
vants' Act and other enactments, or what steps should be taken for the registra-
tion and enforcement of service. The chief c()iii])laints centred on the facility
" with which, natives avoided their coiitiactual obligations by obtaining identifica-
" tion passes on application, without let or hindrance. Although section ten of Act
" 49 of 19U1 j)rovides that the pass officer shall satisfy himself of the bona fides of
" applicants, it was shown to our conviction that the measures taken were in many
instances not calculated to acdiieve the end contemjilated by the Act and afforded
'' little protection to employers ni labour.
Similarly it was stated tli>>( natives of other Provinces could evade local
obligations already entered into by merely destroj'ing the passes in their posses-
" sion and applying to a Pass Officer for an inward pass alleging they had just
" arrived in the Province.
" In this instance, too, we do not think that Pass Officers have lieen .sufficiently
" exacting- in the exercise of the discretion conferred on them. All natives entering
'■ the Province should, in our opinion, be in possession of passes' from the Adminis-
) rat ion under whith th«y have been living, and if unable to ])roduce them they
" should be treated with suspicion and the onus of establishing their bona fides
" placed on them.
PAPT 111.
Fl.NDlNG.S AND EECOMMEND.VriON.S.
27. The great weight of evidence from and on behalf of employers of labour and fi'om
officials shows that the various pass systems operating, nuue particularly in rural areas,
have been of little practical value in the tracing and identification of natives, while it
reflects a real appreciation of the disabilities suffered by natives due to the restrictions
imposed upon them and a pronounced tendency on the part of witnesses to approach the
(juestion from a sympathetic point of view. The trend of such evidence was towaids the
removal of restrictions in regard to the personal liberty of luttives anil their replacement
by a universal system of identification with efficient machinery for recording at and
tracing natives away from their homes.
The evidence given by natives can broadly be divided into two classes, the one uncom-
promisingly hostile to any method of identification or contrid which could be construed as in
any way analagous to a pass system, and the other frankly and logically slating the
necessity for some such method in the interests not only of the general community but
particularly for the well-being of the vast mass of unsojjhisticated natives. In regard to
witnesses of the former class it was pointed out to them that the Committee was precluded
by its terms of reference from recommending the abolition of each and every system
obtaining in thie Union, but that the scope of its authority was limited to making rectiui-
mendations calculated to modify, and if ])ossible unify, the existing laws so as to remove
avoidable grounds f(U' complaint and emliarrassnunit . This aspect was emphasised in a
short address made by the Hon. the Acting Minister of Native Affairs to a large gather-
ing of natives who had assembled at an early ^ilting of the Committee at •lohannesluug
on the 22nd January.
It is particularly regrettable that an intelligent body, ^uch as the South Africnit
Native National Congress which, in the main, voiced this view in the 'i'ransvaal. and,
through its various liranches elsewhere, adiiered to its uncompromising altitude, as other-
wise it coiild have been most helpful in formulating jiroposals in the interests of the native
people whom the (Tovernment, through tiie Committee, was exiuessly consulting in a
matter so closely affecting their welfare.
Tliie following extract from the verbatim notes of evidence given by the heads of the
Congress at Pretoria are indicative of its attitude: —
In connection with certain comments in regard to instructive evidence given by a
number of leading Chiefs of the Transvaal, the Coni^-iess was asked: —
Question : I think you said that the Chiefs whenever they were reciuired to come
and give evidence of any sort slumld be asked to come and give evidence in
com era.
[U.G. 41— '22.]
8
Anxirrr : Yes; 1 was sayiiifj that to lu'lp tlic Dcpai tinciit and also tlic Chiefs lierause
the Avay we feel alxnit tkese pass laws we wdiilil have lorn Ihem (Ihe Chiefs) to
pieces.
Qiirxtioii : Who would have torn them to ])iecesi'
Aiixwer: The native public. In other words they wovild iiave lynched thcni.
Question: Were their views not acceptable to the proletaiiat I'
Aiixwei- : iS'ot at all. They were not interpreting- the feelings of the natives.
Xative witnesses of this (lass almost invariably admitted under cross-examination the
necessity for some means of identification and advocated the utilization of the tax receipts
for this purpose, a suggestion which, for reasons hereafter stated, is not practicable.
In opposition to this attitude it is noteworthy that the evidence of other responsible
native bodies, chiefs and individuals was to the effect that the retention of some simple
system which would serve the purpose of identification was necessary, and in fact essen-
tial, particularly in the interests of natives moving about the country in search of work or
for other purposes.
28. In instituting' our eucjuiries we dealt with the matter on the following lines: —
(«) Means of identification of natives.
{b) I?ecord of movements of natives.
(c) Eegistration of contracts of service entered into by natives.
(d) Measures for the protection and control of natives in large industrial centres.
(e) vSpecial restrictions on movements of natives in industrial and urban areas at
night.
(/) Measures for the protection and control of native women in large industrial
centres.
(ff) Exemption.
(1i) Matters incidental to native labour coming under the provisions of the Native
Labour Regulation Act.
(a) Means of identification of natives.
29. It was urged by a minority of native witnesses that there is no more necessity
for natives to have some simple means of establishing their identity than is the case in
regard to Europeans. It may be pointed out, however, that Europeans are, in effect,
registereil in many ways, notably at birth, through taxation records, directories and kin-
dred compilations, parliamentary and municipal voters" rolls and under the Defence Act.
They also almost invariably have fixed addresses at which they can be found, or informa-
tion obtained as to their whereabouts, and can usually produce documents or credible
witnesses vouching for their identity at the shortest notice. On the other hand, apart
from the pass laws, the only more or less general system of registration of native males
is through tax records and these do not lend themselves to the read}- and efficient tracing
of natives even in their own districts. The uneducated native has few means of keeping
ill touch with his home except by irregular and indefinite messages sent through com-
patriots, and seldom has letters or personal documents in his possession. Many witnesses
have informed \is that relatives have frequently only the most nebulous idea as to the
whereabouts of absentees.
■iO. The identification of natives is partially effected at the present time by the parti-
ctilars recorded on travelling passes furnished to natives living in the Northern Piovinces
and in the Native Territories of the Cape Province and on outward passes issued to natives
leaving Xatal.
Owing to the imperfections of the system, liDwever, this means of establishing and
preserving a native's identity has proved unsatisfactory. Moreover, as a pass has to be
taken out on ererij occasion a native travels l)eyond certain prescriV>ed areas, and this
frequentlv entails long journeys to, and considerable delay, at pass offices to ol^tain it, the
evidence tendered by native witnesses clearly indicates that the taking out of the " Travel-
ling Pass," and the incidental indignities occasionally suffered by them, forms one of the
chief grievances against the existing system.
31. As alreadv stated the necessity for creating machinery for establishing the
identity of a native absent from his home is clearly demonstrated by the evidence tendercil
by influential and unbiased natives, the nature of which will be more readily appreciated
from a perusal of the following extracts from the verbatim report of the evidence: —
Chief Malaboch, Blaauwberg District, Transvaal.
" Whv does not the Government give one annual document to each native?
" This document sh.ould entitle a native to go to any part of the Cnion, so that
'■ when he gets an uigeiit message he could simply take this document and go. On
" that document the name of the Chief should apjiear, the name of the father and
'■ mother, and also his place of residence. iShould a native die on the road, with
'■ such a document as I have attempted to describe, people would know to where he
" belonged. That document would, of course, be issued by the Government. It
•' would belong to the Government.""
9
Chief S\\;i\ ii)i:iiii\ \('\\ ll;i)i(i\pr Disfrict, Natal.
It then ue coiihl liiive just (he one Government pass to be our shield and
" proteetioii iind do awa.v with all other passes, that would he a great boon to the
natives. A\'c would like to have one g'eueral pass to eover all our (.'oininfT and
'■ ffoing' iusteiid uf as now to take a pass to DnrlKin or any other place. If then
" you are assi.stiii>>- by having a pass then ymi would ask that it be cousidered
" whether the fee for that general pass might not he abolished and be a free one.
We, the children of the (jovernmeni, ami though perhaps hizv we are children,
we would like that general i)ass to cover all othei' passes now in existence.
That general pass we would like to be one by means of whicdi a native who
has \\;indered away migiit be traced and his relatives located."
Charles Veldnum. of liutterworth, Transkeian Territories, Headman of the Fingoes.
Yes, the young men complained about the pass system in the Transvaal.
Tlu'v are idntintially being asked for a pass wherever tliey are going and are
sometimes made to pay for it. 1 would like to see some simple system to apply
throughout the Cnioii. (The Chaiiiuan explains the suggestion that identification
certificates should be introduced.) The younij men would prefer that for the
purpose of identification, as sometimes a young man may die there without a
document in his possession or anyone able to recognise him. We have various
(dasses of natives literate and illiterate, and the illiterate men should have some
<locument. A pass must be taken out when a young man goes over the border,
"out of the Territory, at present, and that is very inconvenient."
John Tengo Jabavu, King William's 'I'own, Editor of the Iinro.
T have not prepared a statement, but th« main point with me is that the pass
is a dual aft'air. There is one which is a protection and there is another which
" is a persecution. The protection comes in in regard to the old certificates which
'' were given to the Fingoes. That was a popular pass. It was a protection to him
" wherever he went.
There was a differentiation between the Fingoes and other tribes, and I hold
" that now the system might be extended to all, because none are fighting against
" the Government in any way. They are all one now. That is a general statement
" regarding protection passes. I do not think you could add anything to that. I
" hold that witji that certificate one could go anywhere and be identified."
In connection with the Certificate of Citizenship issued under Act 17 of 1864 (Cape),
referred to by Ihie last-quoted witness, it is interesting to note in terms of the Act it was
written on jjarchiuent and carried in a metal receptacle. The certificates produced for our
inspection were much prized and were in a remarkable state of preservation.
32. IT'e recoiniiiend that all the c.vistiny yass laws \he repealed and a Union measure
si(bstitufed^ entitled " Xulive Rejjistration and Protection Act,'^ and tliat each male native
be registercil in his district of domicile at the arje of IS years or rtirhrr if he leaves his
home before reaching that aye.
3o. Registration Certificates are of no practical value unless the identity of the hiolder
can be established w itii the document in his possession. Amongst civilized peoples the
practice usually adopted is to include the signature and, or, the photograph in the docu-
ment. Some such provision is necessary in regard to similar certificates given to natives
and the absence of ready means of such identification would necessarily cause much incon-
venience to natives whose certificates had been stolen or interchanged or whose identity
came under question. The large majority of nati\es cannot write even their names in a
hand sufficiently formed to be of real value, and apart from the practical difficulty of
taking ]diotographs, witnesses best qualified to judge, have stated that photography is not
in itself a ready means of identification and particularly of natives.
The personal description of the holder has l)een suggested as a means of getting over
the difficulty, but it is generally admitted that only in a minority of cases would tli.is be
sufficiently coiulusive and it has notably failed in Natal, where the Magistiatc. l']showe,
instancetl the case of a native who had no less than fourteen Identification Certificates in
his possession, none of which was his own.
The impression of the left thumb print on the document is recommended by experts
as a sure means of establishing identity and th.e evidence in opposition to this ])roposal is
based solely on the alleged association of the pr;ictice with criminology. For tiiis allega-
tion we find no foundation in fact. The identification of criminals is done by mathemati-
cal calculations based on the combinations of the lines of (dl flnyrrs of both hands inchid-
nig the thumbs. The finger print sj-stem does not admit of the impression of the thumb being
so classified as to be tlie means of identifying criminals. AH that can be said of tKe
thumb print is tliat it allows of a definite pronouncement being made that an impression
under scrutinv is or is not identical with an impressiim witii whi(di il is being compared
and, in this respect, is analagous to a signature. This l)eiiig so the ojily practical objec-
tion to the adoption of this method falls to the ground. That there is a sentimental objec-
tion duo to mis<'onception cannot be overlooked, but we feel that this h,as been over-
[U.G. 41— '2:2.]
est iiiuiU'd liy witiu'>.soN who tlit'iii.selves usually stilted tlii-y hail im iJiTsoiial (ibicctidii to
this nietliod of identififution. In this connection it is observed thai the thunih iiiint is
at present taken from the illiterate holder of Letters of Exeni])tiou and evidence has
established the fact that thumb prints are readily given in discharijp of moneys received
Ijom th.e l{and in connection with the Deferred Pay System and in respect of many trans-
actions with storekeepers in native territories. Further we have lieen authoritatively
advised that in the South African Police the thumb print is taken on a document which
is required to be carried by every member of tlie Force from the Commissioner down to
the last joined Native t'oustable.
Expeiience and responsible witnesses such as Headman Charles \'eldman, of the
Fingoes; Mr. W. Carmichael, Magistrate, Tsolo; Mr. A. H. Stanford, late Chief Magis-
trate, Transkeian Territories: the representative of the Pondo Chief Marelane; Chief
Dalindvebo, of the Tembus ; ilr. Davidson Jabavu; Mr. J. T. Jabavu, Editor of liiii-'i;
Mr. C'. W. Chabaiid, Magistrate of Port Elizabeth, and Chief Mhlola Zondi, of Pieter-
maritzburg, who have the interests of the native people entirely at heart, advocate the
measure as being the only certain jnethod of establishing a native's identity, and we are
satisfied, when it is carefully explained to the natives, that the giving of the thumb print
is entirely distinct from the taking of fiiir/ci- /jiiiits for the detection of crime, and is
merely a substitute for the signature as a means of identification that the great l>ull< of
the native people will be quick to see the benefit resulting- from its introduction.
34. We recommend that ereri/ native is furnished with a life-lony document to he
called a " Registration Certiorate ''; that it he of parchment ; that it contain full parti-
culars of domicile and personal ideniity; that it hear the district serial number; fhal it lir
either signed hy or be impressed with the thumb print of the holder; and that il he pre-
served in a receptacle to be provided hy tlie Govern nient free of cost.
{b) Record of n^ovements of natives.
■id. Having recommended tlie repeal of the existing pass laws and the substitution of
a Union Act to embrace a system of registration, it is necessary to consider under what
( iicrimstances IJegistratiou Certificates should be carried. It would obviously be irksome
and futile to require a native to carry such a document in the immediate vicinity of his
domicile. There is also at present no obligation on natives to carry a tinvelling pass to
move within certain prescribed areas. Uu the other hand it has been urged, more particu-
larly by the police, that the failure of the present pass system is to no small extent attri-
butable to the fact that within tiie latter areas a native, in the absence of a pass, cannot
establish has identity and that an assertion made by a passless native that he belongs to
such an area is difficult of rebuttal. Certain witnesses of undoubted experience such as
ilr. Arthur Stanford, late Chief Magistrate of the Transkeian Territories and Mr. Wylde,
late Chief Magistrate, Cape Town, deprecated natives being placed iinder any disabilities
of this nature in areas at ])resent immune from lestriction, whereas other witnesses whose
evidence is also entitled to respect, in view of their knowledge of natives and known
sympathy towards them, advocated the carrying of Registration Certificates by natives
when proceeding to places where they migh/t not be known. This latter view is supported
by much of the responsible native evidence and appears to us to be logically unassailable.
36. As it is proposed to relieve the large proportion of the native population who go
out for work in other Provinces from the necessity of obtainin,g travelling passes before
doing so. and as it has been shown that even where not recjuired by tlie law natives not
infrequently- obtain passes for travelling within such areas for their own protection, it does
not seem tkat in reqxiiring natives to carry Registration Certificates when leaving home
ihey would be placed under any unfair disability.
37. IT'e recommend tliat a Registration Certificate shcdl be carried wlicncvcr a native
goes beyond the Ward in whicli he is ordinarily resident.
38. To require natives to cany Registration Certificates and yet remove all machinery
for ensuring' their doing so would stultify the effect of the provisions. It is therefore
jiecessary to make provision for demanding certificates but at the same time to ensure that
this right will be wisely and sympathetically exercised.
In thiis connection, we cannot too strongly record our opinion that there should be no
indiscriminate stopjiing of natives by the police for the production of the Registratiort
Ceitificate per se as the harassing and constant interference with the freedom of movement
of law abidiuff natives is withoiit anv doubt the most serious grievance which the natives
Iiave a,gainst the pass laws and is one of the principal causes of the recent agitation
I'.gaiu.st the existing systems. All officers of the South African Police examined by us are
in agreement that no good purpose is served by the indiscriminate demanding of passes and
that movements of natives should not be interfered with by the police unless they come
under suspicion when they should be dealt witli in the same manner as other members of
the community.
3!J. We rerii III mend that inilij an a iil lini i srd iifficcr sfmiild have tlie iigiit ta driiiaitd llir
product ion of tiir Regist rat ion Certifirali and that an " Authorised Officer " slial] iiicoii
a European Police Officer, not below tlic ninl; of Sergeant or Post Commander, .Justice of
tlie Peace, Registering Officer or sticli other public officer authorised thereto by the
Minister of Native Affairs.
11
10. 'I'd iirliicxc J'liily tlir |iiir|>(i-i' with wliicli (nii i (M<iiiinu'ii(l:i( idii Im tlic ri'tcnlinii (if
a >y>(ein di sdinc iIcmi iplioii is mkkIc it i,- iidl Miliiciciit Id rclv iiicrch- dii rcj; is( i iii ion ■,,\i,\
Ihf caii'vinn- of liic lei^istvatidii ii'itiiii-alc. 'i'lic dlijccl^ hi lir allaiiied arc tlic eslahlisli-
lufiit df a iiati\"t''> iilciitity wlicii ncri's-aiy , llic kt'cpiiiii- in lnuili Idr ailiiiiiiistrativo ami
iloinesdc jjuiposes willi iialivc- alisciil frdiii tlii'ir lioiiu's anil Idr (he traciiij; of ilcscrli'is.
41. It has already lioeii lecdimncnded tli,at Ihc canyiiif;- ot the l{c<ris1iati(iii Cert iticatc
liy a iiali\(' lieyund the liordeis dt Ihc ward in which he resides should he (■<)ini)Mlsoiv and
)(■( iiiiir I fcdiii iiicihI flint if sliiill III- nil nffritrr for iiiii/ /it'rxitii to vuifiiqr ii notirr nut in
JXUSCSSKiii iif n J-iCi/isI I lit inn ( 'I'l 1 1 firiilr : tliiil r in iiliii/ir.i In' irijiii nil tii irjiiiit iritlilii srrin
days, tJte I'liyni/ciiicnl nf n iintirr otlicv than n rnsiinl Inhi/iiri'r — fii in I fill in;/ /iiiit iciilnrs in
legnrd to hi.i iili'iitiiij nnil rei/istrit'il ninnhrr. itr., to the Inrnl /^ri/istfiiin/ (Jffiirr: niiil
III nrdi'r that I line inni/ lir n iirmil nf the liiiirc iiH'iitx of initirrs t li roil i/Jio ill the Ciiioii llir
c.ttnbUtih iiimt i>l II (rntriil Ihiirini In irliich Inrnl /'I'l/islrriii ij Officrrs would cldnne the
enyaf/cincnt of nut ires oilier tlinn those doiniiiled nnd registered in their Jistriets.
42. As the above reconinieiulatioiis would only cover the wliereaboiits of natives
actually in eiiiployment ice juiiher recoininrml ihni oimns ur ocrii/jiers of land and ]ieads
of /naals. sJioll irilhoiil delay, report the prescnrr of iiiuiiitiiorised sirani/e nalices, other
than passinij triirellers, to the proper (iiithoril i/ for t ninsinission of siirJi reports to the local
/'t yisterinij Officer.
]{y these means we consider tiiat a record of all natives niovin<;' ahout the country
would be built up at the Central Uureau aud in the event of a native not being at his
home or recorded at the local ref>istration office as beinjj in the district an enipiivy at the
Central Bureau should establish his whereabouts.
((') llegislralion of ('out rncis of Serrice entered into in/ nut ires.
43. Under headings (a) and {h) a system has l)een leconimended whi(h will enable a
native to have free and unrestricted movement throiifihout the I'nion subject to registra-
tion, the carrviuff of the registration certificate outside the Ward in wliich he resides, the
production of the certificate on demand by an "authorised office! " and on obtaining
employment .
The question now arises as to wh,ether any further measures are necessary to protect
(he inteie.sts of employer and employee when the native has secuied employment.
Evidence on this point from both Eiiropean and native witnesses is overwhelmingly in
favonr of the registration of all contracts of service entered into by natives, but as regards
contracts entered into in rural districts, i.e., farm and small industrial conceins in outly-
ing parts of the country, fear was expressed by the majority of witnesses that the difficulty
of providing machinery for the efficient and convenient attestation of contracts — so essen-
tial to secure the co-operation of the employer — rendered the proposal iin])racticable.
We share this fear and with reluctance find oui'selves unable to recommend the com-
pulsory registration of service contracts entered into by natives outside ])ro(laimed indus-
trial or urban areas although we realise (hat the absence of such compulsory registration
de])rives (he na(ive of a large measure of ])roteftion.
44. J..S « substitute for com /iiilsori/ rei/isl ration nnd for seeuriny tlie rffieieney of the
si/.stein proposed in paruyra /ili 41 ire recommend that in addition to re/jortiiiy the enyai/e-
iiient of natives, employers in riirni areas slinll furnish part icnlars of the conditions of
contract to the local Reyisteriny Officer and l.eep labour rcyisters in irhich such inforiiia-
lioii shall he recorded; the said rcyisters to be o/ien to inspect ion : niiil further that
employers shall report desertions and term i nut ions of contnicls.
45. As regards the registration of contracts entered into by natixes in |)rd(dainied
industrial and urban areas the difficulty of ])rd\iding the necessary machinery for the
purpose does not arise, and we recommend that liie views ex])ressed almost unanimously
1)V the witnesses be given effect to; viz.: that the reyistratuni of contracts in proclai ineil
industrial and urban areas be compulsory and be effected irithin three days of cni/nyc-
III cut.
Here again we feel it incumbent u]idn us lo bring to notice that lli.e South African
xSative National Congiess and it^ brainhes throughout the Inidii wa^ oppdsed to this
proposal.
(d) Mcasiiies foi Protect ion nnil I 'out ml of .\'iiliris in laryc 1 nil iisl mil centres.
4G. In addition to the iu'ces-.ily for the compulsory registral i(ni of service contracts
dealt with under (c), the evidence tendered before us (dearly shows the necessity for creat-
io"' machiner\- to deal with " undesiiables " in centres where large numbeis of people aie
congregated.
We are df oidnion thai the nio^l satislactory way ol dealing \\ith tli.e matter is (o
provide suilable acconiniddal ion f(n' natixes. and by suitable accommodation we mean
attractive and properlv contridled native lowiishi]!- dr locations for the more ])ernuinent
section of (he na(i\e i)opula(ion, siip])lemen(ed by elliciently conducled liostcds and rest-
houses for natives tein]i(narilv sojourning in these area^. II' il wei-e made compulsoiy for
all natives unprovided with ai)prov(Ml accommodation on the eni])loyer's ])remises to leside
in these townships, loiatimis, ho'-tels iiiid rest-house- they \\dnld be cdutinuously under
])roper supervision and cojilrol aiul tlie temptations and dangers to which, unsophisticated
[U.G. 41— '22.]
12
natives :ne now suIiJitUmI wmilil he niiuiiuised and must of tlic ])r('^i'iit (Ipinoializatioii
avoided.
As ail iiistaiut' ot tlii- ( uiidit ions reiened to we cauuot do heltei than leiei to the case
of a certain yard in I'rospect Township, Joliannesl)urf;, whiili we visited. In thi.s and
similar adjoiiiinji' ])laees no less thiin ■"),()()() iiallmis ot intoxi( at injr li<inoi' were unearthed
locently by liie. police. Tiiis y;nd i^ in exten( some 10(1 feel by (!() feet and was sur-
rounded hv accommodation rooms for natives of both sexes. It was stated by the police
lha( tliiousands of natives fre([nented this place, more particularly at the week end.
Xo fiood pur])()se would be served by labouring- this v>oint which has already been so
exhaustively dealt with both in Mr. J. B. MoiVat's report and by the Committee appointed
by the Minister of I'ublic Works to en(iuire into the housing problems in the Union which
luis reported since the appointment of your Committee.
We can only add that in our opinion no system of s\ipervision can be rendered effec-
tive whilst conditions such as are disclosed in these repoits are permitted to continue.
However as the question of the housing of natives in industrial areas does not fall
within the terms of reference to the Committee and, as in any case, needed reforms will
take long- of accomplishment, it is necessary for us to deal with the matter on other lines.
47. We feel that as long as a native is residing in these centres for ho?ui fide purposes
(here is no grave risk of his becoming a prey to tlie temptations which surround him, but
th.a1 as soon as he becomes unemployed or has no legitimate leason for remaining in the
towns he becomes a ready victim to unscrupulous persons of all nationalities and colour,
a large number of whom, unfortunately, are always to be found in congested industrial
areas.
48 To protect unsophisticated natives from drifting into criminality under the
circumstances referred to, it has been urged that in their own interests a definite limit
should he placed on the period they shall be allowed to remain in proclaimed industrial
and urban areas unless they are there for legitimate purposes. At present where pass laws
are operative, natives are required to report on arrival and thereafter are allowed period.^
ranging from five to fourteen days in which to find employment except when visiting-
passes are granted. Native witnesses allege that the limited time allowed for obtaining
employment undnlv restricts their opportunities of securing work and remuneration of tlie
nature desired. While we agree with Mr. Moffat's finding that this matter has been
sympathetically dealt with by officials we are satisfied that the great bulk of natives have
Jio other object in proceeding to industrial and urban areas than the obtaining of employ-
nieJit and that the cause of complaint can be removed without serious loss of control.
It is obvious that unless natives are required to report on arrival it would not be
jiossible to determine how long they had been within an area. The practice conforms to
native custom and admits of such measures as medical examination and vaccination being
conveniently carried out in the best interests of all concerned.
49. We recommend that every native, otiier than, an indentured native, .</«/// reijorf
ii-ithiik 4S hours after arrival in [jroclaimed industrial or urban areas to the Reyisteriny
Officer, and that he he furnixhed with a document available for one month certifyinf/ that
he has reported.
50. The native would then proceed about his business, e.y., either to seek work or to
visit as the case might be.
In the former case, in due course, he would report for the purpose of registering his
contract of service which we have recommended should be compulsory in these areas.
In order that both parties may be in possession of a copy we recommend that the
contract be prepared in triplicate — one copy being handed to the employer, one to the
employee and one filed for record.
oi. AVe have recommended that in rural areas the employer shall be required to report
desertions and terminations of contiacts. We now recommend that in proclaimed indus-
trial and urban areas (lie employer shall make this report by surrenderiny liis copy of the
service contract, .fiyned and dated, to the local I'eyisteriny Officer, and wlicn discliarr/iiif/
u native, shall similarly sign and date the copy held by the latter.
52. It will be observed that we make no reference to thie endor.semenl of character on
the service contract by the employer.
We are of opinion that the practice is open to abuse, and indeed has been abused,
and that it should be left to a prospective emploj^er to satisfy himself as to the character
of the native he proposes to employ.
b'i. To meet the objection raised by certain native witnesses that the recording of
several contracts of service on one form affects the rate of remuneration for their services
ive recommend. thM each contract of service shall be registered on. a separate form.
54. As a substitute for the monthly pass referred to hereafter we recommend that the
duidicate contract of service shall he carried by the native as a protection ivith a view to
establishing his bona fides sliould. necessity arise, but in this connection we again empha-
size that tiiere should be no interference with natives by the police unless they come under
suspicion.
55. IT'e reconinnend that officers authorised to have the right to demand the production
of the contract of service sJiall he tlie same as recommended in respect of Registration
Certificates. [Vide paragraph 39.)
•")(>. Ill Hie 'ri;iii>\ ii;il lalidUl' ili>tiiit^ ;iiiil urhiiii iircii^, ;i iiiontlilv [iii^s is rc(Hii ri-il tci
111- taken (lul. wliirh in \\\v tinnier area-' i^ |iaiil tm 1>\ I lie eni|pliiver anil in \\\v liitter by
tlio native. Apail IVdiii the revenue lliu.s ilerivcd llie (Hilv lienetit claimed fur the retPTition
of tliis pass is tlial it ensures tliat eaeli native is vdiiehod lor as lieinj; in eni])loyuieiit
when the lee is paid. Tlie (il)tainin<i- of this (hieunn'nt is hurdensonie and irritatin^f alike
to the enij)loyer and employee, the former coniplainine' (hat his time or that of h.is servant
is wasted, and the latter alleginji' that not onlv has he to wail in some cases hours for a
documeni he is re(|uired to cairy, Imt is not infre{|uently svihjecteil to humiiialion hy
native constables <ir junior officials in (he process of securing: it. Un the other hand it is
doubtful whether thiis pass affords any practical result in refjard to the i-ontrol of unscru-
pulous natives and numy witnesses aver that it serves no useful purpose. It has l)een
sujig'ested that contracts of service should bear a ceitificale on the reverse to the ettect
that the native is still em))loye(l and that suih certificate should l>e si<>-ned monthly by the
employer.
This system has aireaily been trietl in lespect of farm servants in labour aroa.« and
cannot be said to have achieved its purpose.
TTV recoininrnd that the inunthJfi pti.ix slimild be (thoJished , and we are not prepared
to support the alternative suj;j;est ion that service contracts siiould be certified monthly.
•57. At each of the chief industrial ami urban areas visited by us evidence was given
to the ett'ect that natives of the loafer class conjiiei^ated in such areas, many of whom were
( riminals or ne'er-do-wells wliw preyed on the community and found their most ready
victims in the guileless untutored natives whom they not only deprived of their resources
biit subsequently used as tools tor their nefarious practices till the latter in turn adopted
similar methods.
The evideiH'e given in this connection by the oHicer in chaige of the Fingerprint
System al Johannesburg and the I'lolialion ( )fKcer of the Witwatersrand, is sad reading.
The f'ormei- stated tliat his records s]i,owed that there weie at the time some •'i.l^iO native
criminals employed in Transvaal labour districts who had been convicted of such crimes
as tliett, rape, assault, illicit gold buying, illicit liquor selling and crimes of a similar
nature. Of these some -3,000 were not employed on the mines and many were, in his
experience, in the service of aliens. Of a batch of :316 natives arrested in April, 1919,
during the anti-pass agitation 65 weje identified as natives with previous ciiuiinal records,
•JO of whom had serious crimes recorded against them, \b were wanted for desertion and
10 were habitual loafers. One had no less than twenty-six convictions against him.
The following extracts from the evidence of the Probation OHicer, Witwatersrand. are
instructive : —
" The criminal class is lecruited ]iriniipally from the towns and not from (he
" country districts. The class we get from the country districts is, in my opinion.
" usually mentally deficient — he naturally would comit ciime under any circum-
'■ stances wherever he might reside. But the real dangei- to the towns from the
" criminal native has its soxirce in the towns. For the last two years 1 liave come
" across a very large number of juvenile natives who are living in the town with-
" out any sort of guardianship and not registered at the pass office and it is from
" this class of juvenile neglected native that the most dangerous type is recruited.
" Last Friday I took part in a police visit t<i three establishments 171 .Tohannesburg
" where \\e found not less than a hiundred, probal)ly a bundled and fifty, juvenile
" natives of this type .... for the purposes of securing certain native proba-
" tioners who had absconded from my care. Two were found at one of these estab-
" lishments and tweiity others .... One of the twenty was an adiilt native. . . .
" 1 have investigated nine (of these) cases. Three of these came from Pretoria, one
" from .Jackson's Drift, one fiom r])ington, one was recruited in Ivokstad, one was
"brought from llerschel and one from Kioonstad, ('range Free State. All were
" under ei"hteen yeais of age and llie majority of tluMu had been in .lohannesbui'g
'■ for a considerable period. I iioii arrival in .Johannesburg they had drifte<l tn ihe
" (luarlers where natives congregated usually llie maiket. Here they had been
''placed in communication with this very large gang of natives living out of
" control The adult native in the batch taken liy us was found to have
" had twenty-six convictions 1 should be inclined to think that this native
'' is- feeble-minded These natives had piactically no clothing. 'I'he twenty-
" two brought bv the officer possessed lietween them, tliiee ])eiinies, two lialf-])ackets
of cio-arettes, a box of matches and a jiiece of le;id ])encil. T should think the
re
"were about 12 lilankets l)etween the 22. Some of them were stark naked and were
" lying in litters jusl like a lot ot puppies The evidence obtained from
" nine cases investigated shows thai ihev live under (he giosses( ))ossible conditions
"of immoralitv They come in ami out fni p(>l(y thefls. During (lie
" wiii(ei lime the (hefts are generally blankets and clothing. lii summer these
" thefts fall lift because they re([uire b'ss in the matter of clothing and then the
"thefts take the form of money, coins, jewellery and ai tides ot food 1
" think that an extension of tlu' ])robati(m system (o the natives would eliminate the
" majority of the grievances whiili are prinluced tlirough the too autocratic admin-
" istration of justice."
[U.G. fl— '22.]
M
It. is licvdiid (|iu'>tioii I hat the vafjiaiicy laws have entirely Tailed tn deal with native
undersiiables and loafers. 'I'he aecejited definition of vagrant is lieiiuently iuappliealde
to such natives, hut tli/i( they are a fruitful souree of danger to the coniinunifv and a
malevolent influence conlaminaiing impressionable and iniux-enl natives is lievond dispute.
Chiefs and responsible natives have urged uixin ns the necessity for establishing some
paternal machinery for ensuring the rej)a(riati(>n of their young people if they exhibit a
tendency to cultivate the society of undesiiables ov develop idle habits. We are imprestsed
.with the necessity for su(di a course.
• )S. 11 (' reroiiniK ik] I lull in /jrochiniicd iiuhi.sl rial <inil nilxin areas a con if be neutvd lo
(I'li.iinf of an ci'iicriciiccd iifficiiil iritli two native assessors as adrisers. That the court
shdU liavc the rii/lit to call ii/iou any native slioirn to he a confimucl criminal or ani/
native irlio is jiriiiia facii^ hailintj an- idle, dissolute or vicious life, to show cause ivhy he
.slioiihl not he ic//al I i(it( il. or othenrise dealt with in the discretion of the Court. litis
( oiiii to have [tower to order a native to return to his home or, where the native has no
home elsewhere, or fails to carry out such an order or is subsequently brouylit before it for
the same or similar reasons, to commit him to a labour colony or to indenture him as may
best meet the circii instances of the case.
It IS furtlier recommended that females and juveniles should be swbjecl to the juris-
diction of this Court.
(e) Special I^eslrlcllo/lS on Mureinenis of .\alives in I nd list rial and Urban Areas at yii/hf.
59. At the present time Curfew Regulations are in existence at various centres
throiigli,out the Provinces of the Cape, Orange Free State and Natal, and in the Transvaal
the matter is governed by the Xight" Passes Ordinance No. 4-"> of 1902.
The regulations apply to males and females throiighout and are not confined to areas
inhabited by Europeans, but are in some cases extended to native towiishijjs and locations
v>itliin the boundaries of mrmicipalities aud proclaimed labour districts.
The evidence placed before us in this matter was very conflicting; the Europeans,
almost without exception, being of opinion that a certain amount of restriction over the
movements of natives in such areas at night was essential for the welfare of the whole
community, whilst the bulk of the native evidence was to the effect that restriction served
no useful purjjose and that the regulations, in fact, served as a cloak to the unscrupulous
])erson, who carried out his purpose under cover of a " Special Night Pass '' which was
easily forged.
The majority of witnesses advocated that a relaxation of the hoiir was desirable so a.s
to allow a reasonable time for natives to attend night schools, places of entertainment,
religious meetings, etc., after their day's work without the necessity of always obtaining
a special permit for the purpose, and without the danger of arrest by the Police should
unforeseen circumstances detain them abroad after the early hour of 9 o'clock.
After carefully weighing the evidence we consider that it would be unwise, in the
interests of all sections of the comnmnity\ to alxilish the regulations, but at the same time
have no hesitation in saying that fhey, as at present enforced, impose undue disabilities
upon the native community.
60. We recom mend that the Curfew Jy'cyulal ions be retained but that the hours for
the u'li'de Cnion be fi.red at from 11 o'clock p.m. to 4 a.m., unless the local authority can
show yood cause that the hours be altered: that all permits issued in t}iis connection after
II o'clock shall tie on a prescribed form, and further that facilities be provided at all
police anil railiray stations for their issue in cases of einergency ; and
That tlie rcy Illations shall not apply within properly constituted and reyuhitcd town-
ships and locations set apart for native occupation unless at ihe request of a majority of
the residents thereof.
•VA. We are further of opinion that the principle now applied at certain centres xinder
«hich unauthorised Europeans are prohibited from being in such townships and locations
during certain prescribed hours should lie generally adopted.
(12. We feel confident that, if these recommendations are accej)ted and if the regula-
tions are administered in a sympathetic manner, all law abiding natives will readily
a])])reciate that the modified restrictions are clearly in the interests of the younger element
of the native population who, through force of circumstances, are exposed to temptations
which are inseparable from the congregation of a large, mixed commimity.
(/) Measures for the Protection and Control of Native Women in larye Industrial Centres.
(>■^. The majority of luuopean witnesses urged that women should be brought under
the same control as men, but (luite a considerable number were emphatically of opinion
vhat the beneficial results to be obtained did not counterbalance the deep-rooted objection
of the natives to their womenfolk being subjeetetl to any measure of interference and
control by police aiul other officers of the Government.
The evidence tendered by natives on the other hand was almost unanimous in advocat-
ing that th,eir womenfolk should be relieved of the necessity of carrying any official
document, although the desire was frequently expressed that young women should not be
allowed to leave home without parental consent, and that the Government should take steps
to repatriate girls when asked to do so by their jiarents or when necessity arose.
i
15
It was allffjed in f\ idi'iii-c liv holli J'lurojicaii^ ami iialixc-. llial lln- laiiviiifi- ol passes
by women liad lestilted in acts of indecency and nudeslalion of women and fiiils, and we
fully appreciate tli.e nndcsiraljility of an\ svslcni iinilcr uliicli •<ur]\ a slate nf alVaii'- may
be possible.
Furtliei-, in (liis cduncrtion. we point out thai in ihr rian-.\aal (lie (io\crnment
lecently found it advisalile to reliexc women lioni I lie npeiatimi ot tin' Ni;;lil Passes
I )rcliiiaiHe liv adiniiiiNt rat i\e aclimi.
As in the case of men in these areas we ai-e convinced that the only satisfactory way
of dealing' with the mattei' is l)y the provision of suitably c(mtr(dled liousinj;' accommoda-
tion, and in view of the consensus of native opinion affainsl the carryinii' of documents by
thieir women folk we are not pre|)ared to recommend the a(l()j)tion of aitcMiiative measures,
except that, as previously recommended {rifle parao-raph 58), they shall be brounfht witliin
the scope of the Special t'ourts recommended to deal with " undeviiahles '" in ])i'o(laimed
industrial and urban areas.
--"^ 64. IT'p recomiiiouJ tlml iromi'ii xIkiII he c.icl iiiled from ri'i/i.slriilinii fur ideal ificiil ion
piirposf'!!, tJie operiifi'ni of (infeir /'/'(jiilol nm-:. iiiiiJ ihc i-oiii piil.<orii rri/i.il riilion of ron-
trncts of service.
In this latter connection we feel that a pcdicy of encouiagement rathei than compul-
sion shonld be pursued, with a view to demonstrating the advantage to be deriveil liy
women fiom the registration of service contracts.
((/) Exemption.
65. In advocating the retention of some simple and uniloiin ]iass system a consider-
able number of witnesses made it abundantly (dear that in doing so they had largely in
mind the protection of the masses of iinsophasticated natives who annually leave their
homes for various purposes, more particxilarly to seek work at industrial centres througli-
oiit the l^nion, and that they looked forward to the day when the necessity for the reten-
tion of any system would disappear with the march of civilization amongst the native
peoples. •
In this view we concur, and consider that tli,e (lasses of persons to be exempt from the
operation of the measures advocated herein, should embiace all natives of good (diaracter,
who have arrived at such a scale of civilization and edmalion as no longer to require
special measures of protection and control, beyond those extended to other sections ot the
community. It is, therefore, necessary to provide for the exemption of certain classes of
natives from the measures advocated.
In this connection, however, we wish to emplwisize that such exemption should in
future apply only to the measures recommended in (his report ami should not exeni])t
from taxation, from other laws specially it'lating to natives, or liom native law and
custom.
66. We recommend thai nntircs. of fpiod chavncler fnllini/ irillim llir Jolhiiriii;/ I'hisse.i
sliaU he exempt: —
{a) All nativea at present lioldinij Letters of Exemption under nn;/ e.ritlini/ low.
(h) Nfitivex who have pns.ied tlie fiftJi stundnrd of educal mn.
{c) i\^(itive.f registered m I'ltrJiii nicnt<n ij \ olrr.i.
(d) Chief.^ recof/ni.sed hi/ flic (jovernment .
(e) Skilled iirfistins ccrlified us such mid persons exereisinr/ approred ]iir-<inesse.i or
I rades.
(/) Ne.<ipectnhle and intelligent natives who are certified as having rendered faithful
and continuous service for a period of not less than ten years.
Further we recommend tliat exemption rerti/lcufes .shall he liahle to cancellation in
the event of conviction for any of the crimes set out in the Third Schedule of Act No. .jl
of 1917, provided that the Governnr-General-in-Coinicil shall have the right to cancel for
miscondvct ; and that all certificates, other than llmse under class {n). he granted on pro-
liiifion for one year.
(Ii) .Matters Incidental to Native Lalmur Coming T'ridii llic I'mvisinns of llic Aatire
Labour Regulation Act.
67. Our attention has lieen drawn to the definition of mines and woiks in tiiis .\ct and
we suctrest that the alteration of the definition of '" native labourer " should be consid<M-ed
so as to avoid reference to " mines and woiks." 'IMiese terms are defined by reference to
aiiother Act where the terms have a special meaning placed on them for the purposes of
that Act. It does not cover all the classes to which it may be desirable to apply the
provisions of the Native Labour Regulation Act, such as employees in large sugar estates
in Natal and similar large commercial undertakings where numbers of natives are employed,
not necessarily wdiere ma(hinery is erected and used.
[U.G. 41— '22.]
16
We reroinmciid ihnl <i " native hihimrii '' lir defined as an n native en//a(/ed far
I ni jiliiipnent e.tce/tt siirJi sijceified I'htssrs la irlncli il is mil desired ta cppli/ the pnivisioiis
(it the .1(7 i(hitui<l Id lUilirc lahriiirers. ('()iisr(|iM'iii iiil ;iiiioii(liiH'nt^ will lie necossiiry in
-fitidiiN //(■(■ and t ivcnt ij-foit i .
(iiS. It has furiliiT hooii iidinlcd (iiit In iis llial in lliiis Afl I In- lorni. " I'liiplciyi'i' " is
(IcHiH'd as '■ ihf ppisoii 1(1 wlidin such native lal)i)iiiin' is lOfiislcicd." 'I'ho effect of this
definition is that the ohli^ations imposed on an "employer," notably nndei- sections
[fifteen] aud {tirenti/-fw(i) of the Act cannot he enforced unless and until repistrafion of
the contract has been effected. For reasons stated elsewhere it is not piacticahle to
lepister contracts of service in rural areas (paragraph 4:^), and, in any case, we think it
wionfi- that an employer's responsibilities in this case shiould hino-e on the performance of
an administrative act such as registration.
Much the same point arises in regard to section twelve (2) of the Act, which provides
that " every native labourer shall be registered to the person on whose behalf he is
employed or recruited." It would seem that the intention here was to debar labour agents
irom diverting natives to others th.an those for whom they were recruited or in other words
'■piling to the highest bidder.
We see no necessity for a definition of " employer" which is used in its generally
accepted sense. It appears that section twenty-eif/hi of the Act, which amplifies this
definition, is superfluous in view of the provisions of the Criminal Procedure Act No. ^1 of
1917.
69. Section tivelve (1) provides that every contract entered into by a labour agent shall
be attested and the next succeeding sub-section debars the attestation of contracts in
respect of natives under 18 years of age. The inference is clearly that natives under this
age should not be recruited." The absence of any direct prohibition or penalty operates to
the prejudice of native lads who have been recruited although not attested. On arrival at
iheir destination such natives are denied employment on mines or works and being far
from home are prejudiced m bartering their labour, a circumstance of \\hicli unscrupulous
persons take adviftitage.
In this connection we would draw attention to a divergence in the Dutch, and English
versions of this section.
We understand that administratively a relaxation of the provisions of the section has
been made in favour of agricultural employers, but no doubt this fact will be borne in
mind in reconsidering this matter.
TO, We recoviviend that the definition of employer in section two be amended and-
that section twenty-eight be deleted; that section twelve (2) he altered to read, " No native
" labourer, save with the written consent of the Director, shall be registered to a person
" other than to him on whose behalf he is to he employed or was recruited " ; and that
section twelve be amended so as to debar the recruitment of native lads for prescribed
employment and that the discrepancy in the English and Dutch versions be removed.
71. Havin,g dealt with the headings referred to in paragraph 28 it remains for us to
deal with certain matters arising out of our investigations and with details cognate to our
main recommendations which have not been directly touched upon.
These are as follows: —
1, Finance.
2, Designation of office,
•3, Administration of law,
4, Production of pass to obtain railway ticket.
5, Alien natives,
6, Definition of word ' native."
7, Trespass law for the Transvaal.
8, Advances,
9, " Togt " or daily paid labour.
10. Cost of recovering deserters,
11. Utilization of tax receipts for purposes of identity.
(1) Finance.
72. One of th*> main objections advanced by native witnesses to the existing pass laws
was that thev were designed to be revenue-producing measures, the burden of which was
borne by the natives.
There is considerable force in this objection, particularly in urban areas, where fees
are exacted in respect of employment and residence, and in this connection it is instructive
to note tliat quite recently the Government saw fit to rescind the regulation imposing a
fee on travelling passes in the Transvaal.
We recommend that no fee shall he payable in respect of Registration or K.remption
Certificates, hut in order to en-ivre that rea.mnahle care be e.rerrised in the safe custody of
these documents that a fee of two shillings and si.rpence shall he leviable in respect of tlie
issiie of each duplicate thereof.
I
17
T-3. To cover the cosi of <ul innustei-inci our jiroposiilx ire recuni iiiem/ tliai there sIkiII he
jKnjiihle hji the employer n fee of tiro shillini/x for ereri/ reijixt rat ion of .n eoiifniet of serriee
iiiK/ a fee of one xhilhiii/ for re/iorliii</ the iiii/fi<jeiiieiit of ereri/ niitire mitxiilr jiinrldi im il
inilustrial mid inhun oreii.t luieh fee In he jKiiil In/ tiiemis of a rereime stuitiii.
Ill ■(III' «'V('ii( dl' ;ni\ il('li<i('liry rrsii It iii^' ,/■,■ 1 1 laiii im ml ihul il shiill In mil In/ i nr renx-
1111/ the fees iilmri- refriieil In m In/ ili rixni i/ nllu i iiielhiiilx iij i/iiirl lii.iiit mil on em /iloi/ers.
i4. /;' rei/md In llie ml iiini isl ml i re e.r /Hiises ni irs/ierl n/ Ihr \iitlre fjiilioiir /'ei/iili)-
tion Act .\o. I') of 1!)]1 ire reemii iin ml llinl lli< 1/ sliull lie mil In/ llie i m /iii.iil Ion of fee.i
under seetlon tweuty-tliree (m) of llie Arl eillur In/ enulimj n mmillili/ /im/menl in resiieel
of niitiren em pJoi/etl . os at /irexeni, or otiiei irise.
We make ihis recdimiieiulation in view of (he seiidus los-< ol revenue \\liiili will ir^nll
lioin the abolition of tlie monthly jiass fee.
(2) Desif/nation of Office.
To. In the proposals advocated by us it «i|] he oliscived (li:it llic woid " jia^s " it
entirely eliminated.
11 e reconiniene/ tJint /jonii offiies lliiouf/lioiit the I'liion he /lesitpuited " .Xnlire I?et/istr)f
Off'ice"; and tJint paaa offieerx he .ili/led " /x'ei/islei nii/ Offirer."
(3) Admwistration of Loir.
76. Having' recommended in paragfrajdi '42 that tliere should he an uniform law for
the Union ue also recommend thai there sliouJd he uniform ad minisi ration of the lair, or
in other words, that tlie administration .should he in the hands of the Central Govern menl
throughout ; and that local authorities he prohihited from reijiiiriui/ natives to earn/ or
produce passes or jjermits which are not a /i/il icahle to other seelions of the com munil 1/.
(4) Production of Pass to ohtain Railway Ticket.
77. We have recommended that a native, subject to carrying- a Registration fertificate.
should be allowed complete freedom of movement throughout the ['nion, and ire noir
recommend that the prm^isions irhicli reejuire a native to produce a pass hefoie he can
obtain a ticket to travel hy rail he withdrainn.
(5) Alien Natives.
78. Hitherto our recommendations have only been made in respect of native.s domiciled
in the Union and we now recominend that all alien natives, excluding indentured labourers
for employment within proclaimed industrial and vrhan areas, shall he registered under
prescribed, regulations on entry into the Union.
(6) Definition of " .Yative."
79. IFe recommend, that the word " Aative " for the purposes of our jnn/iosuh shall
Include any member of the aboriginal races or tribes of Africa.
Where there is any reasonable doubt as to whether any peison falls with, in this defini-
tion the burden of proof shall be upon such person.
(7) Trespass Lair for the Transvaal.
SO. In the historical section of this report it is suggested that one of the reasons for
a somewhat drastic pass law in the Transvaal, as compared with that existing in the Cape
Province, is due to the absence of a Trespass Law such as is in force in the latter Pro-
vince, or in other words, that the pass law in the Transvaal has, to a large extent, beon
relied upon to deal with jiersons who come within tlie ])rovisions of the vagiancy law of
the Cape Province.
If our recommendation to intioduce a Cnion measure to deal with the registration and
protection of natives be adopted, il is at once apparent that (he condol hitherto exercised
under the existing pass law over natives unlawfully (lespassing on priva(e property in ihe
Transvaal will disappear and (o meet the position ire recommend Ihe early eiiael nient of a
Tresfass Law for that Province.
(8) Advances.
81. In the report of the Departmental ('onimi((ee a])])iiiiiti'd to ciu|iiire into and rejjoi (
upon the alleged shortage of native labour in (he Natal Province, which was puldislied
under Government Notice No. 898 of IDliS, at (en t ion was drawn. In the following extrac(
from its report, to the evils which attended the system (jf making advance ])ayments of
wages to natives in that Province: —
" A system of making advance payments of wages to nativeN ulitains in (he
"Natal Province to an ex(en( unknown in othei' ])ar(s of South Africa and which
'"has its parallel only in the conditions in Pondoland in 1900, when (he (lovern-
" ments of the Transvaal and the Ca])e intervened (o stop the disgraceful and
"demoralizing practices connected with advances in cattle wiiicli were given to mine
'■ labourers at the time of recruitment.
[U.G. 41— ''22.]
18
'■ At aliuo'-t t'V('r\' cciitro vi>i(e<l widiesscs testified In llic I'ai-t tluil some 90 per
" rent, of (lie permanent labourers employed liad been oiveii advanees ajjjainst wages
"ranging front small sums (o £20, and that at any one lime the average amount
" outstanding in i('s|i('rl id' advances piT iiaiixc cmidnxi'd was from £■") to t'.S.
" Many instaiires were riled where (hi-- average was groalh' exceeded. Alllumgli
"witnesses, liolh I'lnropean anil native, almiisl nnaninninslv comlemned the system,
" they indicated Iheir inaliilily to depart from il Mithoul picjudicing the labour
" sup|)l\'. The system is so well established that it has become one of the cliief
" mediums of coni])etition for labonr. The system reacts liiarshly on tlie small
" farmer and retards the progress of miniu' industries, as, clearly, \vlien capital is
" absorbed in respect of unearned wages it is not being utilized to the best adyanl-
" age."
As a result of our investigations we fully agree with these views and recommend Ihnt
■provision he made, on the lines of Act. 13 of 1911, to prohibit the making of (idvanrcx
of/ainst hihnin in e.rress of an nvthori:ed limit to nni/ luilirr nrexpert n-e of hix eiiiphii/-
iiient .
(9) " To;/! " III Dnilji I'oid Lnlmiir.
82. To complete the machinery for identifying and tracing all natives absent from
their homes it is necessary to deal with the system of "' daily paid " or " togt " labonr
wli.ich we, in the coui'se of our investigations, found to be very prevalent in T^atal.
As regards this class of labour we recommend that all nat>reti hiring themselves out an
" casual " or " daili/ paid "' hihourers in proclai ined industrial and vrhan areas shall take
out, free of charge, a inonthli/ licence, and that, as regards the rural districts, natives
adopting this form of labour beyond the borders of their district of domicile shall he
similarly licensed.
(10) Cost of Recovering Deserters.
83. It was represented that the cost of recovering deserters differed in the various
Provinces of the Union, i.e.. that in some Provinces deserters were brought back for trial
at the expense of the State and in others that employers were called upon, in certain
circumstances, to guarantee the expenditure.
We recommend that the e.rpense of recovering idl native deserters be borne by the
State, but that it be in the discretion of the Court to order the employee on conviction, to
pay an amount not exceeding one-half of the costs incurred, and in the event of the Court
finding that a charge has been brought without reasonable or probable cause, to order the
employer to pay .'<nch costs.
(11) Utilization of Ta.r Receipts for Purposes of Identity.
84. In the course of our report we have not dealt with paragraph (c) of the terms of
reference which reads as follows: —
" Whether, and to what extent, it would be practicable to make use of the tax
" receipts issued to natives in substitution for passes or documents of identifica-
" tion."
At first sight the utilization of the tax receipt as a means of identification appeared
attractive. The proposal was advocated by a large number of witnesses, both European
and native, who urged that its adoption would obviate the necessity for the carrying of a
further document by a native.
On the other hand, however, a considerable body of evidence strongly advocated that
there should be no connection between taxation measures and measures for the registration
and protection of natives.
With this latter view we concur and point out that, even if it was desirable, it would
be impracticable, in the absence of an uniform native tax law, to utilize the tax receipt
as a means of identification, as, except in the Transvaal and Orange Free State, a native
is not reouired to carry his tax receipt on his person, and owing to the presence of a
small dais of native in the Cape Province, which is not required to pay a direct native
tax.
TT'e find thai it is impracticable to male use of the ta.r receipt in suLititutum for
registration certificates or documents of identification.
PAET lY.
SUMMADY OF EEf'OMMEXnATIOXS.
85. To summarise the report our main recommendations are as follows: —
(a) That all existing pass laws be repealed and a Union measure substituted entitled
" Native Pegistration and Protection Act." (Paragraph :12.)
li)
[h] Tluil (':i(h iiKilc nall\i' lie li'i; i-li'ii-il in lii's iliitml tif ihniiicili' ;il llic ;ifii' (if II^
veilfs (II- enrlicr il lie leaves hi- Iniiiic lii'lnir iiMrliiii;^ tlm( :it;('. ( l':ir;if^iii]ili
'^.) ^ •
((■) 'I'lial I'viMV iiii(i\c lie linn i-linl willi ;i lilc-ldii;;' (locimicnl In lir culled a Kcn'is-
(ratiini CeitiKcad' : llial it lie mi pairliincnt ; lliat il coiilaiii lull pail iciilais of
(Iduiicile and personal id(Mi(i(y: (hat it hear tiie district serial niiniluM'; thai it
be eilher sij^ned l)y or iiiii)iessed wilh the tliuinU jiiinl ol llie linhlor; and thai
it he presei\(>il in a ii'ieplacle to he pr()vi(hMl hv tlie ( ioveninieiil free of rosi.
(Parajvraph :'.4.)
('/) That the l!e<i'istiat ion Certitlcate he carried whenever a native //';<.< Ixi/iind thr
Wurd in which lie is ordinaiilv resident. ( Parafjrajjh ■iT.)
((') That only an aiithoiised oflicer liave the rifiht to demand the ]iro(lncli(ni of a
Registration Certilicale aiul (hat an " authorised olHcer " shall mean a Euro-
pean Police Othcer. not below tlie lank of Serfieant oi- Post Commandei-, .Tiisdce
of the Peace, i{e»'i.s(erinf>' Ofticei', or such othei' pnblic ollicer authorised tliereto
by the Minister of Native AtVairs. (Parap'raph. :>!•.)
(/) That il be an offence for any person to eng'aije a iia(ive nol in possession fif a
l{efiistiation Ceititicate. ( Parajiiapli 41.)
{(j) That employers be reciuired to report within seven ihiys (lie enp:af;-einent of a
native otiier tlian a casual laliourer — to the local Pe-^isleriiij:- Oflicer, CPara-
<iTa])h II.)
(//) That a Central Bureau be established to reconl (he iiiovemeiils oi' natives alxent
from their homes. (Paragraphs -II and 42.)
[i) Tiuit OAvners or occupiers of land and of kraals be re(|uired to re]iorl tlie jiresence
of strange natives, othei- than jiassiiifr travelleis. (Paragra])h 42.)
{j) That employers in ruial areas shall furnish parlicrilurs of (he condiliniiN of
contract to the local Pepisteiinp' Officer and keep labour registers in wliiidi siuh
information shall be recorded the said legisters to be o]ien to inspec'lioii.
(Paragraph 44.)
(/.) Employers in rural areas shall report desertions and terminations of contra(4s to
the local Registering Officer.. (Paragraph 44.)
(l) That the registration of all contracts of service in prorlaime<l industrial and
urban areas be coni])ulsory ; be effected within three days; and be made mil in
triplicate, one copy to lie tiled of record and one (n be h.aiided to eai li -of (lie
con(racting parties. (Paiagraphs 45 and AO.)
(m) That a native, excluding an indentured native, shall rejinri within 4S hours
after arrival in pro<4aimed industrial or urban areas In tlie I'egistering Officer
and that he be furnished with a document availalile Im one month certifying
that lie lias reported. (Pai'agrajih 49.)
(n) That an employer in proclaimed industrial and urban areas shall report deser-
tions and terminations of contraets to the local Registering Officer liy surrender-
ing his copy of the service contract duly signed and dated and when discharg-
ing a native shall similarly sign and dale the co]iy held by (he la(ter.
(Paragraph 51.)
{()) Tliat each contract of service be registered on a separat<> form. (Paragraph 5o.)
ip) That only an ''authorised offirer " shall have the rls^ht to demand the produc-
tion of a contract of service. (Paragraph 55.)
{(j) That monthly passes be abolished. (Paragraph 56.)
(/■) That Special Courts, composed of an experienced official wilh two native asses-
sors as advisors be estaldished in proclaimed industiial and urban areas to deal
with " undesirables." (Paragraph 5cS.)
(i-) That females and juveniles be subject to the jurisdiction of the Special Courts.
(Paragraph 58.)
(/) That Curfew Regulations be retained but that the hours for the whole Union be
fixed at from 11 p.m. to 4 a.m. unless the local authority can show good cause
that the hours be altered. (Paragraph 01).)
(i<) That all permits issued under the Curfew ifegnlations be on a prescribed form
and facilities provided at Police and Railway Stations for the issue in cases of
emergency. (Paragraph 60.)
(?;) That Curfew Regulations shall not apply wi(hin jiroperly consdtuted and
regulated townships and locations set a])art for iia(ive occu])ation unless at the
recjuest of a majority of (lie residents thereof. (Paragraph 6(1.)
(We support the principle under which unauthorised Europeans are
excluded from such townships and locations during certain ])rescribed hours.)
(Paragraph 61.)
(w) That native women be excluded from registration for idenlification purjioses,
the Curfew Regulations and the compulsory regis(ra(i(Hi of con(racls of service,
(Paragrapii (14.)
[TT.G. 4l-'22.]
20
(x) That natives of <>:ood cliaracter falliiio' witliiii the rollowino- chisses he exempt
from (he iiiea,suie,s recommeiKled in tiie lepoil :
(J) All natives at preseut lioldinn- Letters of Exem]){ioii nnd.-i- ,inv existinu- law.
(2) Xatives who have ])as^od (li.e Fiflli Slandaid of Edmatidn.
(3) Natives registered as I'arliameiitarv \'oters.
(4) Chiefs recognized by the Government.
(n) Skilled artisans certified as sucji and perxins pxercisint;' a))])r(i\fil l>\isinesse.s
or trades,
((i) liespectalde and intelligenl natives certified as liaving rendered faitiifiil and
continuous service for. a period of imt less tlian (en yeais. (l*ara<>ra]di fid.)
(i/) That certificates he liable to cancelhitiim in the event 'ot ci.nviclion lor I he
(•rimes set out in the Third Sclii'dnle of Act •'il ot 1!)1T piovided tlial llie
(TOvernor-(iencral-in-('onncil sliall ii.ave the light to cancel for nii^condnct; and
that all certificates other than those under class (1) he granted on ])rol)atioii lor
one year. (Paragraph (i'G.)
(z) Tliat the following amendments ho made to Act 15 of 1911: —
(1) A "native lahoui'er " to he deHned as any native engaged for em])lovnient
except such specified classes to whi(dr it is not desired to a])ply the ])io-
visions of the Act relating to native lahoui'ers. (Paragra])h (i7.)
(2) The definition of " employer "" in Section 2 and the aiialagous Section 2S
be deleted. (Paragraph 70.)
(3) Section twelve (2) be altered to read " no native labourer, save with the
" written consent of the Director, shall he registered to a person other than
" to him on whose behalf he is to l>e employed or was recruited." (Para-
graph 70.)
(4) Section /ireJve be amended so as to debar the recruitment of native lads for
jirescrilied employment and that the present discrepancy in ilie English
and Dutcli versions be removed. (Paragraph 70.)
86. The following is a summary of our furthicr recommendations: —
(a) That no fee be jiayable in respect of Pegistration or Exemjjtioii Certificates but
a fee of two shillings and sixpence l)e leviable in respect of the issue of ea(di
duplicate thereof. (Paragraph 72.)
ih) That an employer shall pay a fee of two shillings for every registration of a
Contract of Service and a fee of one shilling for reporting the engagement of
every native outside proclaimed industrial and urliaii areas — each fee to lie ])aid
by means of a revenue stamp. (Paragraph 7:).)
((•■) That administrative expenses in respect of Act No. 15 of 1911 be met by the
imposition of fees under section twenty-three (m) of the Act. (Paragraph, 74.)
(d) That pass offices be designated " Native Registry Office," and pass officers styled
" Registering Officer." (Paragraph 75.)
(e) That the administration be in the hands of the Central Government. (Para-
graph TG.)
(/) That local authorities be prohibited from requiring natives to carry or produce
passes or permits which are not applicable to other sections of the community.
(Paragraph 7G.)
((/) That the provisions which require a native to produce a pass before he can
obtain a ticket to travel by rail be withdrawn. (Paragraph T7.)
(/)) That all alien natives, ex(duding indentured labourers for employment within
jiroclaimed industrial and urban areas be registered on entry into the Cnion.
(Paragraph 78.)
(i) That the word " Native " shall include: —
" Any member of the aboriginal races or tribes of Africa." (Paragraph 7f).)
(j) That a Trespass Law be enacted for the Transvaal. (Paragraph 80.)
(/,) That making of advances against labour in excess of an authorised limit to any
native irrespective of his employment be prohibited. (Paragraph 81.)
(1) That casual, daily paid or " togt " labourers shall take out, free of charge, a
monthly licence. (Paragraph 82.)
(ill) That tile State bear the expense of recovering deserters but that the Courts be
empowered, in certain circumstances, to make an order for the recovery of half
the costs from the party at fault. (Paragraph 83.)
87. It will be noted that the measures herein recommended do not deal with the
permanent removal of domicile by natives individually or in numbers. This is partially
governed at the present time by' the pass laws and it is assumed that, when necessary,
powers will be secured under legislation to regulate this matter. ■
88. Further, although the question of stock removal permits was referred to in j|
evidence we do not propose to deal with it as we are of opinion that the existing laws
governing this matter, which do not refer only to natives, should be considered apart from
any general system of native registration and' identification, and in connection rather wilh
measures necessary for the prevention of stock thefts or the spread of cattle diseases.
f
21
81). We are of o[>inioii llial llie oiiiployincnt , Id a cprlaiii extpiit, of suitaMo and
(■(lucated natives in Kiniicclidii with (he cairyinji out of tlie leconiniendations eonlained in
ibis rei)Oit is ])i;u( icahK' and desiiahle; lliat il winild, hv opening' np a tiinsideialdo
avenue of ein])l()yrnenl foi- (iiis (lass, sec-ure i(s artive co-operal inn in j^ivinj;- elTcit tn
lueasiiies intiinalely concerning- tlie native peoi)h-: and thai il wdnld (cn<l In (ii«' ^nmotii
uorkino- of the administrative nmcliinery.
90. In conclusion we de.sire to record our appreciatio)i of the services rendcicd h\^ii<
Secretary, :\lr. F. P. ("ourtney Clarke, ]}.A., IJi.15.. in the ])n'iiai al ion nl valualdr d.ila,
and for draft inn- the iiistovical section of this report.
!)1. This leport is sifjned suhject to reservations liy ;Mr. W. T. WeMi and Caplain
II. I). Ilemswortli as set out in tiie a]ipended menioianda.
(Sij;ned) (1. A. CoDLl^V,
( 'iia irnian.
11. S. (OOKK.
W. T. Wi'll.SlI.
.1. I'. VAX IDDMKINtUv
II. 1). iiKMswuirrii.
(Signed) F. V. roriiTXFY CLAEKF,
Scci-elary.
Pretoria, '.Mth March, llfJII.
MKMOEANDTTM 15Y MR. AY. T. WELSH.
I am in full ap-reement with th,e views and recommendalions contained in the report,
subject (o reservations regardinp- the application of certain provisions tlieiein to the Cape
Province, more particularly para<;ra])]is :i6, '-U, 41 and 44, where such are inconsislent or
in conflict with the remarks, conclusions or recoiniuendalions herein contained.
A brief summary of the pass laws in force throughout the Union is furni-licd in
Annexure " B " to the i-eport. I'efereuce to the provisions therein snnnnaiised will more
fully show that in the Ca])e Colony Proper the Statute Law, while enacting that the entry
and movements of " native foreigners " were to be controlled, imposed few rest licf ions
uj)on natives resident within the Colony. The Certificate of Citizenship Amendment Acl
of 1864 and the Hofmeyr Act of 1887, conferred exemptions and piivileges and. in (he
roirse of time, as persons pieviously known as native foreigners became I'ritish sulijects,
(he pass hn\s, although they remained on the Statute Book, ceased to lunc a.ny ])ractical
operation.
In British Becluianaland passes are re(|uired l)y natives only when entering or leaving
that territory.
In the Transkeian Terri(ories the law re(|uire.s nil pt'i-goiis leaving nr entering any of
the s^aid Territories to be provided with a pass, but the I'roi lamation defining the per.sons
who are recjuired to produce their passes does not incdude Europeans. The inter-territoiial
movements of natives within the Transkeian Territories have not, however, been ham])ei-ed
by a strict enforcement of the regulations.
In Griqualand West special ])rovision has been made under the regulations fiamed
under Act Xo. 15 of 1911 for passes in the Barkly West Lal)our ])is(rict.
It will thus be seen that, except when leaving or entering certain compact art'as m;
the Cape Province, and in the Barkly West Labour District, passes are not required. In
evidence given before the Committee witnesses of standing and rijie experience advocated
that these rights should not be interfered with or curtailed.
A large number of witnesses pleaded for the extension of (he Cape svstem to the whole
I'nion. To grant this request would mean the virtual abolition of (he pass laws and
launot, at present, be acceded to. In the Cape Province the protection and control whicli
experience has found to be necessary there are sufficiently maintained, while the general
.satisfaction and absence of grievances or agitation bear eloquent, if silent, testimony to its
success, and constitutes a strong argument against any tightening up of the existing
measures.
Although therefore the report recommends the substitution for the systems now in
operation in the Transvaal, ((range Free State and iVa(al greatly improved and sim])lified
measures of protection and control, their application to the Ca])e Piovince would have a
contrary effect, introducing restrictions upon the people which do not now exist, and the
necessity for which is at least open to serious question.
I am of opinion that before the highly valued rights and benefits now enjoyed, which,
have not been aluised or found inade(]uate, are withdrawn, convincing reasons must be
forthcoming.
The advantage of uniformity in native administration is admittedly of grea( import-
ance and cannot lightly be disregarded, but I do not consider that in the present case ihc
surrender by the natives of the Cape Province of (he privileges (hey have long enjoyed,
without abuse, is a vital or necessary condition In (he inlroduction of the reforms advocated
for the other three Provinces.
[U.G. CI— •2'.\]
oo
A notable precedent for not sacrificing- xeslec! rights foi- llie salse of uniformity is
contained in section fliirti/-five of tlie Pontli Aliica Act, !!)()!), wliicli jireservcs francliise
ligli.ts (() (he natives of the Cape Province.
A consi(leral)le number of responsible witnesses IkmkI iu llie ('ap- l'ro\inie stronglv
advocated that natives in that Province shoubl on no accduiit l)e re(|uired to carrv regis-
tration certificates when travelling within sjiecified areas, ranginu' in size from a disirict
to the whole Province, and I cannot subscrilie to the opinion expressed in paragraph :i(i
of the re])orl tli<it to require a native of the Cajie Province to carrv iiis regjistralion cerlifi-
cate wiienever he leaves home, or, as more definitely stated in ])aragrai)lii -'u " when he
goes beyond the inni] in whicli ho is ordinarily resident," would ini])(ise no unfair <lis-
ability.
Any attempt to introduce su(h an innovation would be resented, and instead of
encouraging the natives throughout the ['nion to prove tlu-inselves woitiiy of fmtlier
relaxation it would tend to create ap])relieusion as to the po>sibl(> curtailment of other
righ.ts and privileges.
I am emphatically of opinion that within the three areas of British Bechnanaland. the
Transkeiaii Territories and the rest of the Cape Province a native shouhl be alloweil free
and untrammcdled movement without being required to carry or produce his Pegistration
Certificate, and that only when entering or leaving- any one of these areas should if be
necessary, as is now the case, for him to comply with the reconuuendal ion contained in
paragraph 37 of the report.
I am further of opinion that a native in the Cape Province should be entitled to seek
employment and be engaged without producing- his Pegisfration Certificate anywhere
except in a proclaimed industrial or mining- area. In regard to this latter case although
at present, except on the Barkly West diggings, there are no such proclaimed industrial
areas in the Cape Province, it can well be conceived that in th,e future industrial or
mining expansion may result in closely populated areas in the Cape, like the Witwater.s-
rand, where some system of closer supervision woidd l)e necessary, as much in the interests
of the natives as of the Europeans.
Travelling passes are now freely taken out by uneducated natives when proceeding to
places remote from their homes. In cases where it is not obligatory to carry his registra-
tion certificate, a native wonld be able, should lie desire to do so for his protection and
ideutificatiuu, to take with hiim the document referred to in paragra])h ■>'2. In so far as
paragraph 41 is in t-onflict with the foregoing remarks I am of opinion it should not be
made to apply to the Cape Province.
Except to some extent in Griqualand West, the registration of contracts of service has
not been compulsory in the Cape Province. Even in Ivimberley the position is souiewiuit
anonuilous for the regulations do not apply to all employees and on the other hand the
service contracts of voters have, despite the provisions of Act No. 39 of 18ST, been required
to be registered.
The reporting of tlie engagement of natives, provided for in paragraph 44 of the
report, in order to be effective would necessitate the production of the Pegisfration Certifi-
cate to the employer to enable him to transmit the necessary particulars to the IJegistering
Officer. As I have already indicated I am opposed to any oliligation being- thrown on
natives to carry documents within sjiecified areas of the Cape Province. I am therefore
unable to support the recommendation in so far as tliat Province is concerned.
In paragraph 6 of the report it is stated that in the Cape Statute Law, nnlil^e the
Transvaal, " very drastic vagrancy provisions " exist, which have, to a large extent,
fulfilled the same purpose as the pass regulations in the latter Province. In view of this
and the general satisfaction, on the part of both Europeans and natives, with existing
conditions, it appears to be illogical and unwise to superimpose any further restrictions.
At a time when much responsible thought and attention are being concentrated upon the
native question, with a view to redressing legitimate grievances, it -^^-ould not only be
unjust Ijut impolitic to create further disabilities.
I agree that the time has arrived when the drastic and irritating pass laws of the
Transvaal, Orange Free State and Natal should be considerably relaxed as recommended
in the report. In the meantime it would be unfair and inadvisable for the sake of nnifor-
juify to introduce even the moderate restrictions recommended into the Cape Province,
where the present position is satisfactory, and is deeply appreciated by those whom it most
concerns. These privileges should not be interfered w-itli, and I would urge that in con-
sidering the recommendations submitted thej- be modified accordingly.
(Signed) W. T. WELSH,
Member.
(Signed) F. P. COCPTNEY CLAPKE,
Secretary
Pretoria, 24th ilarch, 192U.
MEM(II!A.VI)1 .Af BY ('A1''I'AL\ II. 1). 11 lOiSWftllTH.
Willi, roiert'iice lo ]):Uii<;i;ii)lis ;',7, :i!), and i')h ot llie IJppoil I disiif^ncc willi tlio recom-
uioiuliitions dial the Keyist ration ('oi(ifiiat(> nocil only he carried wlieii a native travels
beyond the ward in wiiich he resides and that its production may only l)e demanded l)y
specified Euro])ean pdlicc oIKcers not below the rank of Serpeanl or Post Coinniander.
1 recommend that I he law which jiovcrns I he production ol the Transvaal Native Tax
leceipt (section si.r. Act !) of IIIOS, 'J'ransvaal) should niuUills iiiKhiiidls apply (o the Itej^'is-
tration Certificate, oi hi the contract of service mentioned in paragraph. 55. The section
reads: — " Any cdlleclor, police constable, police ofhccr or other otHccr a]ii)ointed to issue
" passes to natives may demand from any adult the jiroduction, etc." Hriefly it re([Uires
that the document shall l)e produced whenever it is demandetl by the police and therefore
the document has fo be carried on the person.
The ado])tion of the tax receipt for the purposes of the ])resent ])ass was recommendeil
even by those native witnesses who nuist strenuously opposed th,e i)ass system {rtdc para-
graph L'T, Pait III of the Iveport), and the section of the Transvaal law alwve (juoted has,
in practice, ])roved most satisfactory.
In my oiiinion no resti'iction should be placed upon the police force, any iMiropean
member of which should at any time lia\e the rig-hf to denuiml production of the Eegis-
tiafion t'ertilicate. I believe, that the allejied Iharassinji' of natives by certain members of
the force has been {greatly exa<;f;erated. If any has occurred it has been due, in my
o|iinion, to ihe existini;- pass system. Provided that a simple and workable measure be
enacted 1 do not anticipate that law abiding natives will be unduly harassed by the police.
In any case I am of opinion that any safef>'uard that might be reipiired in this direction
could be better applied by the Police authorities than through the medium of the measures
which form the subject of this report.
I do not agree to the inclusion of Pailiainentary Voters in the classes for which
exemption is provided (in paragraph GG) because of the low standard of qualification for
native voters in the Cape Province. A large number of voters would jirobably fall within
the other classes, already sufhcieutly wide, for which exenii)tion is ]iiovided. Exemption
merely on the ground of possessing the franchise would, I consider, be an unfair diiieren-
tiation as against the natives of the other Provinces.
'p
(Signed) II. 1). IIEMSWOPTH,
Member.
(Signed) F. P. CorPTNEY CLAPKE,
Secretary.
Pretoria, L'4th March, PJL'O.
AXXEXURE A.
LIST (IF "WITNESSES EXAMINED.
1. Captain W. W. Smith, M. M. Woods, Esq., and A. L. Muhahy, Esq., representing
the Pass Officers, Native Labour Department, Witwatersrand.
2. Seiuilor the Monouralile P. J. Wannenberg.
.'5. E. C. Berg, Esq., Chief Clerk, F.I. P. I). Pranch, Native Affairs Deiiarlment.
.Tohannesburg.
4. Lient. -Colonel J. S. CI. Douglas, D.S.d., DejiLily Commissioner, S.A. Police, .lohan-
nesburg.
5. C. A. Iladley, Esq., Native Labour Contractor.
G. J. Paugh, Estp, Complaints Officer, Native Labour De])aii nicn!. .loliaiiiic^biirg.
7. Mesdames Charlotte Maxeke, Daisy Nogakwa and Grace lictanka. representing the
Bantu Women's League.
S. Hester Sibiqa.
y. Thomas Theron, Es(j., Native Labour Contraitor.
10. G. Way, A. P. Chriskoza, I. W. Longwa, S. I'liika and D. Singn, representing the
Nvassaland Native National Association.
11. S. M. Makgatho, President; D. S. Letanka, C. S. Mabaso, C. H. Chake, E. P.
Paniailane, J. D. Njojo, II. L. Bud M'Belle, P. W. Msimang, L. T. Mvabasa,
representing the Transvaal Native Congress.
VZ. Howard Pim, Es([., Dr. L. E. Hertslet, Pev. Father Hill, C.l!., Pcx . P. Iv I'lilllip-,
repiesenting the Johannesburg Native Welfare xVssociation.
l:i. The Peverend Father Hill, C.P.
14. Pevs. N. Ngcayiva, Dlepu and Nojekwa, representing the Native SepaiafisI ;Minis-
ters.
15. P. Islip, Esq., C. H. Leake, Esq., E. J. Caftel, represeiil iiig the Johannesburg
Chamber of Commerce.
16. H. M. Taberer, Es(i., II. Wellbeloved, Esq., representing the Chamber of Mines,
Witwatersrand Native Labour Association and Native Recruiting Corporatiou.
IT. J. J. Llewellvn. Esq., Teacher.
[F.G. 41— '22.]
■c I ■
•J4
is. Dr. A. W. Ivolioils, Missioiiaiy :niil iMliiciiiioiial Suporiiitenili-iit , Lovedale.
19. W. S. Ilayi's, J';s([., V. E. IIuiii|ilii(>v, Ks(|., and I'',, llmiord, Ks([., lepiesoiil iiig tlxe
('iiiii|)()uiul M:niaf;ers' Ass(K'iati()ii.
L'O. (icoifie Majjuiizelii and lleurv Nilalia, i('pn's('ii(iii<i' }sativc roiiiiuiuiid (leiks.
:^1. H. S. Xovinan, Esq., Pioljation Officer, Johanneslnufi!'.
22. Captain T. Edwards, Siili-Xaiive Coiinnissioner, 1 lanianskraal.
23. D. E. van \'elilen, Es(|., Provinr-ial Secretary, Transvaal.
24. Misses Kent and Oslar, Native Girls' lloslel, Tohanne.sburg.
25. W. A. Terry, E.sq., Inspector of Natives, Rayton.
26. Lieut. -Colonel 11. C. Bredell, Secretary and Depnty Commissioner, South African
Police.
Iv. A. Barry, Esq.. and I. 11. Alcock, Esc]., representing the Transvaal Gold Mining
Estates Co., Tlie Chamlier of Commerce, Pilgrimsrest, and the Health Committees,
Pilgrimsrest and Sabie.
28. Eev. C. J. Tai)sfield, C. E. Barber, Escj.. and W. G. A. Mears, Escj., representing
the Native Welfare Association, Pretoria.
29. Dr. J. J. Boyd and T. C. Wolley-Dod, Esq., representing the Pretoria Municipality.
30. Eepresentative CJiicl's of the Transvaal: —
August Mokgatlila. Mfene.
John Mamogale. Malaboch.
Senthumula Pamapulane. Edward Chaane
Takahme Sibasa. Paledi Matliahe.
Cornelius Makapane. Patule Mphalalele.
Alfred Masepe. Amos Mahambane.
■)1. Philip Thompson.
;i2. W. Hands, Esq., representing the Eastern Middelburg Earmers' Association.
■V-]. S. M. Makgatho, President; D. Letanka, II. W. Msimang, Chief Makapan, Chief
Mamogali, M. Mokgathle, E. Chake, P. Matseke, D. Mokgathle, representing the
South African Native National Congress.
:n. J. P. Malhabathe, S. M. Mphahlele, and Juli.ii Setula. representing the Transvaal
Native Teachers' Association.
-")5. D. W. Hook, Esq., Sub-Native Commissioner, Graskop.
:!G. J. C. (iilhllaii, Es(|., and Major E. D. Doyle, representing the Transvaal Agricul-
tural Cnion.
Ti. H. S. Webb, Es(j., and Captain G. J. Elphick, representing tha Komati Agricultural
and Industrial Association.
38. Isaiah Bud M 'belle.
39. L. Mokyaleli. S. P. Matseke, K. Mashabathakja, E. Chake, Simon ilaluleka, Pretoria
Native Locaficm Advisory Committee.
■1(1. J. 11. Ilallev, Esf]., representing the Noodsl)urg Poad Agricultuial Society.
41. Captain 11. P. Slater, Chief Constable, Pietermaritzbuig.
42. A. W. Leslie, Esq., Magistrate, Dundee.
43. 11. H. S. Morelaud, Esq.. Local Representative, Native Recruiting Corporation.
44. G. W. Adamson, Esq., Magistrate, Eshowe.
45. Lieut. -Colonel T. M. Davidson, M.C., Officer Commanding ^ird Regiment, S.A.M.R.
46' Representatives of: — The Natal Agricultural Cnion, Camperdowu. Beaumont-
Eastern Richmond and Weenen Agricultural Societies. The Mid-Illovo Central
Farmers' Club and the Colenso Farmers' Association. Colonel W. Arnott.
Senator Winter and Messrs. F. B. Burchell, W. E. Allsopp, W. L. Stead, F.
Fell, R. G. Speis, J. W. T. Marwiek, H. S. Power, B. B. Evans, Elliott, A.
Clouston. J. G. Brennan.
47. (). Schwikkard, Esq., and II. V. Taylor, Esq., representing the Newcastle Agricul-
tural Society.
48. G. BallendeuT Officer-in-Charge, Natal Finger Print Bureau.
49. Eepresentative Chiefs of Natal and Zululand : —
Kulu Majozi Helpmakaar.
Bande Sitole Helpmakaar.
Njengabantu Ngubane Greytown.
Swavimane Goumisa New Hanover.
Msebenzi Madhlala Bort Shepstone.
Mslola Zondi Pietermaritzburg.
Mnyaiza Ytetwa Tryheid.
Isaac Moliff Ngutu.
Mgandeni Matonsi Eshowe.
Lukulwini Biyela Nkaudhla.
Mqinizeni Zungu M.ahlabatini.
Mguquka Ukize Camperdown.
Mahlatiui Sitola (headman for
Chief Trrtuma Ulaba) Camperdown.
'"in. 1). .\I. Kadi.-. Ks(|., .1. I). (Viiiksliaiiks, Ks(|., W. S. Wuods, Ks(|., and \V. I'aul,
leprescnliiii; I lie Nalal Co.isl Lal)our llefiuiUiiff Corporation, l'inzuijil)i Fanners'
Assoriatioii, Si)utli ('<ia>l Fanners' Association, Natal Siif>-ai- (ir.iwcrs" Association;
also Messrs. Kelly. Hill, I'eaice ami Saville. representiiif;' tiio I'lnipanficiii and
(iinfiundli,l()\ ii-Mluiizi and District i'lanfers' Assiicialion.
•M. K. II. Stainl>ank, J'ls.]., ami .T. A. Thnnii)S()n, I'^scj.. represent iiif;- llie Sle\ cdorin;.'-
Co., Limited.
02. .1. ilorley, Es.]., re])resenlinf;- the Diirhan and ."south Coast Farmers' Association.
r?;}. l{ev. J. Dube. Cliairman, Natal Native Congress.
i>4. A. L. Wiagfield, Esq., and C. Moffitt. Esq.. representing the ])inl)aii Miiniiijial
Native Aft'air.s ])epartment.
55. Maurice Evans, Esq., C.M.Cl., 11. .1. Ci)11eiil)rander, Es(j.. represent ioir the Natal
Native .VfTairs Hetorm Association.
56. J. Pearce, I'^sc]., and W. II. London, Ls(j.. representing the I'lnkdniaas Sngar
Planters" Association.
57. S. G. llich, E,sq., Teacher.
58. Ik. Monzali, ]'>(]., Paihvay Contractor.
59. Pevt W. .1. J[akanija, li. S. Nkwanyana. W . lUinlose, P. Mtaka, i cpicsenting the
Dnrhan and Ixopo ]{ranches of Natal Native Cnngress.
fid. Sananesa Tjanga.
lil. W. (iilhert, I'^sij., Cliairman. Native AITair> and I'idice ( 'nniiuitlcc ol the DniKaii
Municipality.
(i'2. C. ]{. Margeils, Mead Cimstal.le S.A.M.H. and I'ulilic I'rosecut.n, Durlian ])i>lrict
Court.
6-"L Attorney ]{. C. A. Saniuelson.
04. .r. W. MacKenzie, Es([., Labour Contractor and Fainter.
65. P. Campl)ell. Es.]., and W. T. Ileslop, Es(|., representing t'hc Natal ('(dlierv Man-
agers' Association.
66. Ifeverend S. T. Harp, l'riest-iu-(diarge, Native Missions Angli<an Cli.urch, Duibau.
67. Mesdames N. lUongwane, M. Majozi, IL Kwazi, representing the Durban Native
Women.
68. T. W. Mng.iibisa, T. N. Sihawu, P. J5. Ndwesha, J. Nwike/a, 1). D. Nthobo. T. N.
Pamla, -T. -T. Mj)aml)ana, .V. W. Pakkios, representing the Natives of the Mount
Cui-rie District.
6!). Chief Mo|)olisa liiipindo and Acting Headman Ntcbe Magadla.
71). C. (J. de ]?ruiu and W. T. Ivok, representatives of (iriquas, Jloiint Carrie District.
7L F. E. H. Guthrie, Es(j., Magistrate of Kokstad.
72. P. WeVistei', Esq., Secretary, Motmt Cinrie Farnuis" Association and J'iasI Gi'i(|ua-
land Fanners" ('ongress.
7;{. W. Meaker, Es(j., representing Transkeian Civic Association.
74. Charles Veldtman, Princij)al IleHidimin of the Fingoes.
75. W. Carmichael, Esq., Magistrate, Tsolo.
76. Lieut. -Colonel P. S. Godley, O.]?.]']., Deputy Commissioner, S.A.P., Transkeian
Territories.
77. A. H. Stanfoi'd, Es([., President, Transkeian Territories Ci\ ic Associati.m.
78. Chief Scanlen Lehana, Mount Fletcher District.
79. .Tohn Ngaka, representing the Pondo Chief Marelane.
80. T. W. C. Norton, Esq., Acting Assistant Cli.ief Magistrate. Transkeian Tenitnries.
8L John Wynne Ntshona.
82. T. P. Davis, Esq., Labour Agent.
S-'>. Dalendyebo, Chief of the Tenibus.
84. The Pev. Dean llallward, representing the Tianskeian Missimiary Cmiference.
85. B. Ngwiliso and I. Mtingana, representatives of Chief Poto Ndamash of Western
Pondoland.
86. A. Ngwabeui, Sergt. S.A.M.P.
87. J. N. .Tordan, Esq.
88. Davidson .Tabavu and Chief Zibi, I'epresenting Alice and ^lidillcdi ifl Native Farmers'
Association. Native Christian Teachers' Association.
89. Majoi' C. T. Payner, representing Kingwilliamstown ( liandiei- ol' Commerce and
Local Labour Agents.
90. A. C. M. Taintou, Esq., representing Kingwillianrstown Faiiner>' Association.
91. C. A. W. Sigila, S. Maudla ami 11. Mtimlculu, representing the \'ict(nia J'last Native
(leneral Welfare Association.
92. Captain G. Lloyd Lister, Sub-Inspector, S.A.I*.
9-^. W. F. C. TroUip, Esq., Additional Magistrate, Kingwilliamstou ii.
94. Dr. W. B. Pubusana, A. Z. Mazingi. b'ev. B. S. Mazwi, and Mr Pellem (President).
representing the Bantn Union.
95. M'lwvana M'bandhla and Ngweniso Mipihi. Cliicls ol llic \ ictoria East District.
96. Poliert Gosa and Frank Neku, representing Ciiief (tangidizue Kama of iliddledrift.
97. ilr. Joli.n Tengo .Tabavu, Editor of the Imvo.
[U.G. 41— "22.]
26
98. Cliailcs Minld/.i. \V. C. Mvaio, .1. Luviya, .1. Tvaiiizash:i, •! . Maiifiilsa. J. Macaiida,
Z. Mali, M. E. X. Pellem, Kev. vS. Mvainlio, lleadmeii ami Kcpies^entative Natives,
Kiiipwilliainslowii District.
09. AV. O. (filter, Esq., Lalnmr A-^oiit.
](in. ('a])laiM liaise, Distiiit ('(iiimiaiidaiil , Soutii Afvicau Police.
1111. S. Masal)alala, ¥. Mokweiia. S. lien. lU'v. J. W. Giiaiiilaua, P. Swaitz, representing
the Cape Provincial National ('oniiioss.
192. Mesdanies M. Manana and A. Sisliuba, represent inj;- Port Elizabeth Jhanch <if tiie
IJantn Women's League.
1 ()•"). S. H. Kemp, E.sfj., Chief Sanitary Inspector, Port Elizabeth Miinicipality.
104. C. W. Chabaud, Esq., Maf,nstrate," Port Elizabeth.
lOo. E. Grattan, Esq., Superintendent of Natives, New Prifihton Government Tjocation.
lOG. Iveverend Tsewo, Independent Presbyterian Church.
107. Matthew Jansen, Chairman, Native Advisory Committee of the Korsien Local l^oard.
108. P. .1. Nikiwa, representing Natives, New Brighton Location.
109. G. J. Boyes, Esq., Magistrate, Cape Town.
110. Lieut. -Colonel II. F. Trew, Deputy Commissioner, South African Police.
111. W. llav, Es(|., Secretary, African Native AVelfare Societv. ,
112. Pev. Z.' P. Mahabane. Pev. W. W. Uliphant, J. Timiali', M. Senoajia. C. Gaxela,_J.
ilabnla, H. Ivraai, representing the Cape Provincial and Local Branch Native
Congress.
IPi. J. ,T. Wvlde, Esq., late Chief Magistrate, Cape Town.
114. Pichard'M. Tunzi.
115. T. M. Pichards, Esq., Additional Magistrate, Cape Town.
lie. Captain 11. W. Graham, Acting Deputy Commissioner, South African Police, Kim-
berley Division.
117. Lieut. -Colonel S. T. Davie, (liticer Commanding -jtli Pegiment, S.A.M.P.
118. The Pight Peverend Gore-lhowne, Bishop of Kimberley and Kuruman.
119. W. MacDonald, Esq., T. Callen, Esq., and I. Dunn, Esq., representing the Kindier-
ley Municipality.
120. V,. W. ]\rowbray," Esij., .1. 15. Powell. Esq., representing the Kimberley Chamber of
Commerce.
121. A. L. Barrett, Esq., Protector of Natives, Gri((ualand West.
122. Pev. W. Pescod, Chairman, Kimberley and Bloemfontein District of the Methodist
Church .
12:>. M. P. Pascoc, Es(]., Vice-President, Barkly West Diggers' Union.
124. J. van Praagli. Esq., .T.P., representing the Yaal Piver Estate Diggers' Association.
125. Captain S. Graves, 5th Pegiment, Commanding S.A.M.P., Griqualand West.
126. E. W. Thonms, Estj., Inspector of Natives, Barkly AVest.
127. Pev. Sidlai, Xzceznla, Matyalani, Kokozela, Liphnko, Pev. Mbungela, Makapela,
Mashoko, I?. Skota, representing Natives of Kimberley.
128. C. Bosnian and E. W. Ella, repre.senting Klipdam Native Labourers.
129. Lieut. -Colonel G. S. Beer, O.B.E., Deputy Commissioner, South African Police.
P.O. Mr. H. S. Msimang, representing Industrial and Commercial AA^'urkers of Orange
Free State.
Pll. licv. Mokae and Air. J. Mokgothi, representing Natives, Thaba 'Nchu.
132. P. F. Setlogelo, T. M. Mapikela, J. B. Twayi, J. Alpinda, P. Kotsi, J. Sesing, P.
Phatlana, (). Mokhosi, J. Sikeletsa, representing (a) Orange Free State Native Con-
gress and the (h) Bloemfontein, (c) Bethlehem and ((/) Liudley Native A'igilance
Associations.
l.'5:i. .1. P. I;Ogan, Esq., Town Clerk, and (t. P. (Jook. Esi|., Superiulouleut oi Locations,
representing the Bloemfontein AInnicipality.
134. Mesdanies C Moloi, A. Mebalo, N. Dhlamini, Al. I'itso, P. Saul, representing Orange
Free State Branch Bantu AVomen's League.
135. S. G. B. Molokane, S. G. Moroka, J. Nt'hatisi, J. Twayi, P. Kotsi, A. Louw, repre-
senting Native Advisorv Board, Bloemfontein Location.
136. N. J. Daly, J. J. .lohannessen, H. W. P. Clarke, AV. G. Alurrison, J. K. Kennedy,
representing the Orange Free State Branch, African Political Organization.
137. P. S. Cope, Es(j.. Pegistrar of Natives, .Tageisfontein.
138. Pev. J. Dlokweli, AVesleyan Minister, and M. Motsieloa, representing Colesberg
Natives.
ANNEX riJK B.
PASS LAWS dl' TilK I Mii.V.
PliOVINCE (II'' Till". ClM.DNV (IF TUK CaI'K Ol' (i(IUJ) lldi'K.
1. Colon II /'laprr.
The Pass Laws of llio ('..I(iii\ I'n.por sue (-(mtaiiU'd in < tnlinance Nci. 'J of ]f^:\-; ^ OnVmawe'So. 2
ontitlod " An ( >iiliiKUic(> ior tlu' more ett'ecdial |)rov('iitinii of riiines a<i'aiiist Life anil Pro-
perty williiii the Colony," ami Ae( No. 2'2 oi IS(i7. eiititleil " An Aet to amend tiie Law
lelalinii' \o llie issue of Passes to, and Conliaets of Sei\ ic'e with Natives, and to the issne
of Certificaies of Citizenship and to provide for the hetter ])ro((M'tion of Properly." ^^^.^ j^^ .,., ^^^
Act No. 2'2 of LSG7 enacts thai all foreign Natives on entering' the ('(dony mnst he I8«7.
piovided with passes. A native forei{;ner was defined as " any iiiend)er of any tribe, otlier CortKR-atos of
than a Fingo, of which the principal Chief shall live iievond (he borders of the Colony." citizensliiii.
Natives in possession of Certificates of Citizenship nnder Act No. 17 of 1H64 were Native Kxemp-
exempted, and provisions were made in thi.s Act for "rantintr further certificates. ']'he ''"" •'^'''' ^'"^ •'"
i;rantin<j' of these certificates has, however, now fallen into dexuctiidc and no moie have . . ', .
been issued since the i)assini>' of Act No. :!9 of 1887, commonly known as I lie ILjfmevr '^"f"" 'j'""^"
Act. ^riie only other Act controlling- (he entry of .\atives into the Colony is Act No. 20 No. 29 of 1 800.
of 1857, " The Kafir JMnissaries Act," made piMpdual by ,\it No. 'J!t o\ l,S(i|.
2. British BcclnunuiJond .
In British Bechuanaland, by Proclamation No. 2. Seclion 18 (Ward, ])aj,''e 14), ])asses ProclRiimtion
are lequired by all Natives leavin<r Bechuanahind and also by Natives domiciled in Cape No. 2.
Colony and any other part of South Africa who desires to enter Pecliuanaland. These Inward and
permits must be obtained from some officer in authority entitled to issue permits. outward passes.
•J. Transkeian Territories.
In the Transkeiiin Territories tlie Pass Laws are contained in I'roclamation No. rrodamat ions
110/1879, section 51 (for the Tninskei), No. 112/1879, se<_tion 51 (f(n- Griqualand East),
No. 140/1885, section 50 (for Tembuland), No. 497/1895 (for Pondohuul), and No.
109/1894.
All persons, including- I'liiropeans, leavinjr or entering the Territcnies or going- from Jnwnrd and
(me Territory to another must be provided with a pass under penalties provided in these ontward passes,
proclamations. The regulations are, however, not enforced as far as Europeans are con-
cerned, and Proclamation No. 92/190-) defines the persons who are retjuired to produce who reciuiro
pas.se.? on entering the Territories as " any Basuto, Bechuana, Bushman, Damara, Fingo, pusses.
lTri(jua, Hottentot, Koranna, Zulu or any other aboriginal Native of Central or South
Africa, and also any Arab, Indian or other Asiatic."
Further, by N'.A. Circular No. 1/1909, dated the ISth Kel)ruary. 1909, instructions Exempted
were issued to Magistrates not to enforce the regulations in the case of Native registeied natives,
voters, although on taking the opinion of the Government Legal Adviser it was found that
the provision.s of Act No. -W/ISS?, in this respect, were not in force in the Territories.
Natives are at the same time to be advised that it is to their own advantage to take out
pas,ses in view of the laws in force in other Colonies, and that they will l>e saving them-
selves inconvenience and delay if they take out what is leally only in the n-,iture of a pass-
port.
In regard to the Cattle Pemoval Act, No. 14 of 1870, wliicli is also in lon-c in the. Cattle Removal
Tran.skeian Territories, it has been found that this Act is in many respects unsuitable for Acj, No. 14 of
extensive communal lands occupied by Natives. '**'"•
The system adoj)ted by most Magistrates is to re([uire applicants fm- lemoval permits,
unless well known to them, to bring some well-known person to testify to then- legal right
to the stock before issuing a permit. A system formerly in vogue of giving headmen
tokens to hand to applicants applying for permits as proof of thieir hoiui fides was aban-
doned, being found unsuitable, owing to certain iiregularities in (he administration of this
system which came to light.
With the exception, therefore, of Bechuanaland and the Traiiskeian Territories, where
permits for entrance and exit are recjuired, in the Province of the Cape of Good Hope
there is no pass law system at present in vogue.
Control is, h.owever, maintained under the ^'ag-rancy Acts Nos. 2-"> of 1879 and 27 of
1889 under whicb any owner, lessee, lawful occupier of any land or his duly authorised
representative can apprehend as an idle and disorderlj^ person and take him before the
nearest Magistrate or Special Justice of the Peace, any person found without his permis-
sion wandering over any farm or loitering near any dwelling house, shop .... kratil or
other enclosed place or loitering upon any road ciossMng siuh fai-m. The onus of proving
his bonii fides is further ])laced on the ])erson arnisted.
Under Act No. 40 of 1902, the " Native lieserve Location A(-t (liijan Areas)," by jjg,j^.g
section eleven, sub-section 15, the Governor is empowered to issue regulations " prescribing Reserved
and regulating the issue of passes to natives entering or leaving any Native reserve loca- Locations Act,
tion and ])roviding for th« registration of all such natives," and in Proclanuition 112/1903, ^°" *^ °^ '^^^'
[T^.G. 41--22.]
'2S
A|.ill, IDO:;, iv|
Lociit ions have
;ulal idii.s arc imlilislicd
l)eeii t's(al>lislu"(l unilcr
Itn- I ho
(liese
AH
])asscs and
Ndalicni
idcnlifica-
;>ud New
d.ileil llu' '111
lion cards.
J?rigliton.
Cattle Removal In addition to these statutes under tlie Cattle Removal Act No. H of 1871) provisions
fsTO ^°' '* "^ '"■*' "'="!'' <""■ *!»** '•'*''"« of passes to persons inovin;.- stock about llie country, and persons
diivinji' stock may l)e comjjelled l>y any Magistrate, Justice of tiie Peace," Field Cornet,
I'olice (Itficei- or land owner to produce such passes.
'JVuycUing of Altlioufili the Pass Laws have practically fallen into disuse in the Colony, a system
tmtives by rail. i,.^s sprung' up, analogous to that in vogue linder the Cattle Removal Act of 1870, under
which, while not
trict to another
ot sanctioned by law, passes are issued to Natives travelling from one dis-
■. A Native leaving the reserve locations travelling by rail and desirous
,, ^ of obtaining the benefit of the railwav concessions provided, is compelled to produce a
I'ass system as ■ ii oj it ' ±- ^ , ■ ■ i , ^ • i.i^,, -^ ,.
found in the P"'*'''' ^if.^'ie'' .''.^' " pioper othcer, hetore a ticket is issued to him, although there is nothing
Colony proper, to prevent him legally obtaining his ticket by paying the usual full fares for whatei\'er
class he desires to travel by. Similarly in the various districts of the Colony it is the
l)ractice for Natives to obtain from their last employer, the owner of the land on which
they reside or the Resident Magistrate, such a pass; and in many districts they are in
the habit of presenting themselves at the Magistrates' offices to get their passes' counter-
signed.
Advantage to This system is a convenience to the Native as it juovides Iwm with what is practically
native of a pass, ii [jasspoit and frees him from being harassed by the dtuiger of being prosecuted under the
Vagrancy Acts above referred (o. TJie Vagrancy Acts comprise a very stringent system
of vagrancy regulations, and willnnit some identification pass or card a Native travelling
by road in the Colony is in danger of beini;
4. (ivitjU)lhlll(l 11 V.s^
irrested as already stated.
Registration ot
contracts.
I'ndei (Irdinance No. 14 of 187^, which originally applied to all Griqualand West but
has since been repealed except in its application to Jvimberlej' District, contracts of servants
Hospital tax.
Niglit -passes
under Act lid ot
1895.
are required to be registered, and under section eif/ht a registration fee of Is. is payable.
l''urther by section three of Ordinance No. 2 of 1874 a monthly fee of one shilling is levied
on eaclii contract of service of the proceeds ot which tax two-thirds is devoted to the main-
t(Miance of hospitals and one-third to general sanitary purposes in the districts in which
levied.
So far as the wording ot the law is concerned there is no distinction between males
and females, European, coloure<l persons and natives although in practice few coloured
servants are registered and no J'juropeans or females. Unemployed natives, however, or
natives working on their own behalf do not require to be registered, and generally it may
be said that this law is full of anomalies.
Passes are also provided for uiuler the Baikly West Labour Regulations ride Govern-
ment Notice No. 31 of 1918, issued under Act No. 15 of 1911 in respect of the Barkly
West Labour District.
Mttnici jiiil Pusses.
By section two of Act No. ;JU of 1895, local authorities are authorised to make regula-
ions preventing Natives being in streets, public places and thoroughfares of local authori-
ties between 9 p.m. and 4 a.m. without a pass. Natives exempt under Act No. :!!• of 1887,
registered owners of immovable property in sucli areas, members of their families
resident with them, and Natives in possession of certificates of good character from the
Magistrate of the District are uot subject to these regulations.
Regulations under this Act have from time to time been frauied bv numerous muni-
cipal bodies throughout th.e Province.
Classes of
passes.
; PASS LAWS.
Province of Natal.
In Natal the Pass Laws are contained in Acts Nos. 48 of 1884, 52 of 1887, Proclama-
tion 120/1910, Acts Nos. 49 of 1901, i) of 1904, Proclamation 199/1904, the Cattle
Removal Act No. 1 of 1899.
These passes may be roughly divided into four classes: —
1. Inward and Outward Passes.
2. Identification Passes.
3. Reference Passes.
4. Cattle Removal Passes.
liiirard and Outward Passes, vide Act 48/1884.
Act 52/1887.
Regulations, Proclamation 120/1910.
•j!)
I (h III ifii-dtiini I'lis.tcs.
A. -I Ml l!M)l.
l!oniila1i.)Ms, (I.X. ]!):i/l!)(M.
CdliU /i'l iiiiiriil /'asses.
Act No. 1/189!), Tail IT.
Reference Passes are purely an administrative system created for tlic cnnvcnicnrc nf
natives g'oing from one officer to anotiier to tai<e out a jjass, and arc inlcndid to prdlcrt
them from molestation by the police on their way.
Inward and Oiilirard Passes are in the nature of passports, and are purely temporary Inward and
in character, lleo-ulations are laid down in regard to them in Government Notice 120 of ""twanl passes.
1910 for the guidance of pass officers. Pass otficeis have a discretionary power in regard
to their issue, but any refusal to issue must l)e immediately reported to the Scci'etarv for
Native Affairs, wh,o can override the pass offii'cr's decision. The charge jnade for each
pass is one shilling (Is.). (Vitain exemptions are provided undci- the regulations.
Subject to these exemptions no native may leave the colony without olMaining an out-
ward pass. (In making apj)lication he must produce his identification pass. lie nia\,
however, obiaiii such a pass from the Magistrate of any district, piovided he can satisfy
tlial officer that he is the person referred to iii his pass (section LS of regulations). Passes
may not be granted to minors without the consent of tli.eir guardians. ]n cases where the
native is leaving the Province to take up his residence permanently elsewhere he must
either apply through his Chief to the Pesident Magistrate of his district, or through tliB
authorities of the State to which he desires to proceed. The ultimate issue of such a pass
rests with the Secretary for Native Affairs (and if leaving by sea, he must n\sn apply to
S.N. A. for j)ass). Persons entering the Province must proceed to the nearisst ])ass office Inward pa.'weB.
(except natives entering by rail and holding an unexj)iretl [)ass of another Province, where
they may proceed to their deslinatioa liefore applying) and take out a |)ass. Su( ii a pass
holds good for one year or longer after endorsement, but where it is desired to fake up
permanent residence the usual formalities must be gone through and a pass obtained from
the Secretary for Native Affairs. Accjuisition of landed pioperty in the Province does not
free a native from the retpiirements of these regulations. By section si.rlcru penalties for
contravention of these regulations are fixed, and a line of t'KI or tiiree numllis" hard
labour or both can be imposed.
Ideniifxiafion Passes. — Act 49/1901. This Act should lie read in cini junci ion with the Definition of
Masters' and Servants" Acts. Its object, as its title indicates, is to regulate the employ- " servant."
ment and engagement of native servants and tf) safeguard the employer. The definition
of " native servant " corresponds to that under the Cape Act No. 12 of bsrifi, with the
addition of " miner, driver and hei'd," but has been further extended liy Act '.\ of 1904, service in lieu
to include " policeman, messengers, bumdry workers, jobbers and ricksha pullers." IJy of rent,
section tJiree natives rendering service on the farm on which thev reside are excluded, but
this section has been modified by section four, Act 3 of 1904, which iJrovide.s that either i^.'.Ir'lV.'.'I.L^l
jiarty to such contract may by reasonable notice to the other re<pi]re him to attend before before nmpis-
tlie Magistrate; when the Magistrate must ascertain the terms of the contract, and that traic.
the parties are agreed thereon, and after destroying any current identification ))ass, issue
a new one with the terms of the contract endorsed theron. When a native contract is
completed and he ceases to reside on such private property he is entitled to the issue of a
fresh identification pass.
Passes granted under Act 48 of 1884 are sufficient as long as they last, but being only
temporary in character do not do away with the necessity for an identification pass.
Every native who enters service or desires to be registered as a " togt " labourer or under
Law 21 of 1888 must obtain an identification pass and exh.ibit whenever required to do L«"- -l of 1888.
so bv his master or any police officer. These passes are issued in the same manner as . . , ,.
1 1 1 1 ■ 1 i i • 1 1 TIM 1 1 1 i Issue of ilupli-
inward and outward passes, but are permanent m cliaracter. Where a servant has lost cate passes.
his identification pass he may obtain a temporary one for the remainder of his current
contract without charge, but when li.e engages himself elsewhere he must obtain a new
identification pass at a charge of Is. ,
Masters are required to keep a register and to enter a copy of each servant's pass r'ptiis'""'" of
therein. They are on no account to deprive the servant of his pass. Before granting an kept^'by "mast er
identification pass the pass officer must satisfy himself that the ap])licant is a proper one
and in cases of doubt can compel the applicant to be accompanied iiy his kraal head
or some accepted person. The Secretary for Native Affairs, as in the ease of outward and
inward passes, can override the decision of the local pass officer. Provisions are made in
the case of the conviction of a Native for the crimes of fraufl, ra])e and all crimes of
indecency for a return to be rendered of the same to the local pass officer, who must note
the same in his register against the pass of the person convicted.
[F.G. 41— "22.]
30
Offciires agninst-
I'nss Laws.
" Topt "
labourers.
Hri^ist ration of
servants in
I'ietennaritz-
liurK and
llurlian. Act 21
1 ««8.
Cattle remo\al
permits.
]{y section t in /il i/-(iiic M;io'ist rates ;irc "iveii juiisiliction uudci
section lirciili/ certain oltVnces are created: —
(1) ilakino false statements for the ]>ui
coj)ies of <li(> same for a native;
CJ) iisino- false passes or in anv A\a\- :
Act :
(•i) wit liiioldino'
these A<ls and li\'
ise of ol>tainin^' indent ifical ion passes or
emptin;^' to defeat the pro\isioiis of tji.is
a nati\(>
pas.s.
In coitnection with identification pas-ses the i)rovisi<in.-
to " toi>l " laltonrers should be noticed and alsoi Act jN'o.
the registration of native servants and servants helongin
horoun^hs of l*ieterniaritzbur<>- and Durlian." By this hnv the Town Councils of Pieter-
niaritzliury and l)url)an a're empowered to establish a system of registration of servants and
are provided, and the police empowered
(if the Act 28 of 19(12, in regard
2i of iSScS, an Act to " facilitate
'• to uncivilised races within the
and fines inflicted go into the
pay the cost of inainteiumce in
frame by-laws for regulating the same — })enaUies
to arrest. Trials must be before the Borough, Magistrate
borough chest. The Ixjrough on the oiiier hand must
prison of offenders under the Act.
('(title Ueinoval I'cimits. — Pas.ses for the removal of cattle are recjuired by Act No. I
of l.S!)"J, Part II., section si.r. These passes are issued free of charge and must be on a
piinted form and the name and address of' the person by whom granted. The date of
issue, the name of the owner of the cattle, tlie numlier, (h'scription and brands, it any,
()f the cattle, the phice from which and to whic-h the cattle are lieing removed, the name
of the driver (section xcrcii). Passes hist -not longer than 21 days unless extended by
jiroper officer (section eiyhi). The grantor of the pass must be .satisfied that the cattle
belong to the applicant and receive the •written consent of the person to whom the cattle
are being sent. Passes must be kept six months (section nine). Any native owner of
horses or cattle used for draught or riding purpose,? can obtain a certificate of ownership
which will free him from the necessity of taking out a removal pass on each occasion.
riefinition of
■' native."
Travelling
passes.
Refu,sal to issue
passes.
Issue of railway
tickets.
Identification
labour
passports.
TPANSVAAL PASS PEGILATIONS.
The Transvaal Pegulations are groujied under three headings: —
General Pass liegulations ;
Pass Pegulutions for Labour Distiicts, and
I'ass Ivegulations in Mxinicipal Areas.
•Thev are contained in l'ro( lamation No. 87 of 1901, as amended bv Ordinance 27 / 190v{,
regulations issued under Proclamations 1,S/19();5, 5G/19l):i, 1/1905," 82/1905, 15/1906,
4/i;»()7, 2:i/1908, 171/1910 [V .), 199/1911, 221/191:! and (ioveimnent Notice 1428/1918,
the Trban Areas Native Pass Act No. 18/1909, Government Notice No. 137-")/ 191)9, as
amended by Government Notice 5-15/1912, and the Night Passes Ordinance No. 4:)/ 1902.
" For th.e purposes of these regulations ' native ' i.s defined as any male person over
14 years of age, both of whose parents are members of some aboriginal race or tribe ot
South A'frica."
All natives travelling in the Transvaal require passes. Passes, however, granted out-
side the Transvaal are available after being endorsed at the pass office nearest to the point
of entering into the Province. Within the Provinces such passes, available for ten days,
may be issued by the employer of any native, the owner of the farm on which he is
risident or a proper official. In other eases (under section four. Proclamation 18/190:!),
application must be made to the nearest pa.ss office. Each pass must be dated and state
the purpose for which issued ; not more than one name may be included on such pass
(section twelve), except where a native is accompanied by his wife or children, when their
names mav be included. Pass officers may refuse to issue passes, Init must report such
action at once to the local Native Commissioner or Magistrate, who can order the issue to
be made, and in addition appeal lies in every case to the Commissioner of Native Affairs
(sections thirteen to fifteen). The issue of railway tickets to natives is prohibited, excejjt
where thev are provided with proper passes. Natives may be required (o produce their
pas.ses on deinand by proper officials, and if found with.out passes or proceeding in a direc-
tion other than that indicated in their pass, may be arrested as vagrants. Natives can
however, obtain a duplicate of a lost pass on payment of the proper fee (section .^i.vteen).
Labour Districts. — (lleproclaimed on promulgation of Act No. 15/1911.) Labour
districts are certain districts defined and proclaimed as such. As soon asany native enters
a labour district he requires in additiom to his travelling pass an " identification labour
passport." This passport must contain a complete record of the individual, and must
contain the history of his movements until h,is return home. If the labourer is introduced
by a labour agent such passport must be registered witliin three days of his arrival. If
tiie labourer enters seeking work on his own account, he is allowed six days within which
tc find an employer, wlio must eftect the registration within a further three days of the
eno-ao-ement. If he fails to find work within the allotted time he must return to the pass
y*
office aiul "ol \\\> pass ciuliilstMl (o i'i[al)lf him cillicr Id icluni Ikhiic dI' inticci'il lii amithcr
district. Ill addition t" lea-isdatioii on wliicli a ice of Is. is ])ayalilc, a nioiiUily lalxmr
pass must 1)0 tai<cii oii( at (li.c ra(c ol' 'Js. a iiioiilli, |)ayal)lc in advance. 'I'lic employer, is Mcitlily labour
made responsilile for tlic ))aynicnt ol' llicsc tecs and miisl keep iii> employee's passport l"is«.
durin<i' the suhsislence ot iiis lonliaci, and icluiii il dulx daled and endinscd to its (erniina- j,;,„.,ioye,.-3
tion. Kverv cmilracl is limited to :'>l.'i wcnkini;- chiys, liul can lu' vene\ve<l alter re-regi.s- responsibility
tratiou at the ])ass office. No contract can be rejiistered which sti])ulates for a lon<;er for fees,
period than .'idl) days ((i.N. 1S45- ^(i/ti/M). In ll>c case cd' daily lalxnirers Ihe pas-port , j,„i,„,i„„ „,■
must be deposited at the ])ass office and the labourer himself pays the monthly fees due on ,.i,„t,raf.|s.
his labour passes. Where mitives are required to travel in or outside labour districts on
tkeir employer's business they must be provided with special travellino- ])einiits available '''"'.^ l»i">i"'"rs.
for not more than three days. Further, in case ot an employer of over 20 natives sn(di |.^,„pioyor-a
employer is required to keep a ref^'ister and render a numthly reluni showin;.;' the number renister of 20
of natives employed — contracts ex])ired — contracts nuide, deaths and desertions. In every "n''\'<'«-
ease the employer must at once repoit the death or desertion of a servant, and before i^e„tli or
entering into any contract of service, satisfy himself that the native's passport is endoised (Irscriion.
by a medical officer with a certificate as to o-ood health and vaccination.
In cases of discharsje from <>aol thic initi\'e must be "iven a note to the ikiss office and Medicnl
,, i-i 1 • 1,11 1 ii 11 il ii-; exatiiiiiation.
the discharo'ed prisoner sent there, wliere lie niusi he proviileil with a pa-- antlunising
him to seek for emjiloyment, for six days.
Penalties ai'e provided for desertion and misconduct in service of seivants, wilhludd-""^^'
iiio' wages, engaging natives without projier ))ass])oits, or where they have been dis(di;irged
for longer than G days without endorsement, or where their jiassports are not endorsed by
the medical officer — harbouring unemployed natives, refusing to deliver up jiassjioils at
termination of contracts, tam])ering witli a ])assport or issuing a travelling ])ass to or
registering himself as the employer of any native of whom he is not the eni])loyer, fing-
iii,g passes. Provisions are also made for the tTovernnieiit providing '' rest houses "' fm-
natives seeking employment with, aeconmiodaf ion at the rale of Is. jier day.
Urban .4re«,s-.— By frban Areas Native Pass Act No. IS/ 1909, ^irovisions are made for Rest houses,
the issue of passes in certain urban areas set "forth in the second schedule of the above
Act, and any further areas which may be from time to time jiroclaimed. Regulations are
issued under this Act in Government Notice No. 1:17'' of 1909.
The regulations herein contained are very similar to those existing in labour districls.
The native must within 24 hours of his arrival in an urban area report himself at the „„a<.oa
pass office and produce has travelling pass, and is allowed b days within whnh to lind
work. An identification labour passport is not issued, but in its place the contract of
service with his employer is I'egistered. (But bv G.N. 54-')/ 1912 passes can be taken out
for 6 months.) Monthly passes are also required but the charge thereon is Is. a nionlh
instead of 2s. a month. The same provisions are made for the replacement of lost passes,
retention of contract by employer, registration of daily labourers and medical examination
as in labour districts. Similar offences are also constituted and made subject to penalties. forVi'tmirnreM.
In these regulations, however, provision is made for natives wishing to enter urban areas
on a visit or for the purpose of transacting business, and the pass officer may issue him a
pass for a period not exceeding one month, free of charge, at the expiration of which time
lie must report at the pass office and either have his pass extended or endorsed to enable
him to leave again.
Provisions are also made for the issue by the Magistrate, free of charge, of permits to
natives suffering from chronic disease, old age or other cause incapacitating tliem from
work, allowing them to reside with.in nrlian areas and stating a period for which siuh
permit shall last. Natives also residing on premises of an Enro])ean employer outside an
urban area may be granted a permit by such, enijiloyer not exceeding 10 days, to enter an
urban area on their master's business.
Ni^lU P„sse.<, OrfJiiiaiirr, No. 48 of 1902.— Under this Act the definilion cd' native is Night passes,
somewhat extended and iiuliides any person one of whose parents belongs to any of the
aboriginal races or tribes of Africa, south of the Equator. It prohibits a native being
abroad in any piiblic place within any town council, health ward or other area proclaimed
under the Act between the hours of 9 p.m. and 4 a.m. without a pass from an employer
or some person duly authorised to issue such passes.
Under the Squatters' Law No. 21 of 1895, section seven, owners and lessees of farms
must give the heads of coloured families residing on their farms a permit, showing the
place where they may reside. By section four, the number of families is limited to five
"except with the express consent of the Government acting on the proposal of the officials
concerned " (section six).
Cattle Removals. — There does not appear to be any general regulation requiring passes Removal of
for the removal of cattle, but under Act 14 of 1911, and the regulations thereunder in f""*''"-
case of outbreaks of disease, restrictions are imposed.
Exemptions. — (Coloured Persons Exemption Proclamation No. •'55/191)1; Natives Relief
Oidi'nance 28/1902, Government Notice 542/1902.) The provisions of Proclamation No.
[U.G. CI— '22.]
32
Exemptions.
Exemption
from native
tax laws.
Certificates of
registration for
skilled artisans,
etc.
Transfer of
niliiiinist ration
of urban passes
to Government.
•IS/ 1901 are similar fo those existing in the Orange Free State, and the proc-edure of
(ilitainiiig leliers of exeniptinii (he same. Tin's enactment relieves the holder from the
Pass llegulatidns. Night Passes ( Irdinance, Municipal l)y-la\vs rehtting (o llie use of side-
walks and resi(h'iicc in municipal hicalicins and also lidni the Native Tax t tidinaiice.
Ordinance 2S/]!)()2 makes the procedure of oljtainiiig letters of exemption easier in the case
of certain natives either in employment or working hv themselves as skilled artisans,
mechanics or tradesmen. Certificates of registration can be obtained by tliese persons at
of '" ' ' "■ ■ - - -- -
the pass office on a ])ayment
ilie Pass Eegulations, Night
lions. They, however, must
of the original bein"- lost, at
Bv Act Xo. IS of 11)01),
t'l a year, atid such/ a certificate exempts the holder from
Passes Ordinance, Native Tax and certain municipal regula-
be renewed annually. A duplicate can be obtained in case
a charge of .5s.
the control and issue <d' i)asses has been transferred from the
from urban jiasses is now
.V it.
hands of munici|ial bodies In the (iovernment and the revenue
recei\ed b\' (bi\-crnnicri I , and llie cost of administraliiui borne
Inward and
outward passes.
Travelling
passes.
All persons
• without passes
to be treated as
vagrants.
Landowner
must keep list
of all natives
on tlieir farms,
with their
belongings.
Special travel-
ling passes
umler Act 9 of
1 !iUU.
1. Trek pass.
2. Labourers on
the borders.
Issue of railway
tickets pro-
hibited to
persons with-
out passes.
PASS LAWS.
PkoVINCE of OltAXGK FifKK StATE.
The laws relating to passes are contained in the following enactments: Native Passes
and Squatting (Articles Ten to Thirteen, Thirty to Tlurt;y-nine, and Part III.), Chap. lliS;
Supplementing and Amending Part II. of Chap. Pi-'i (Articles Three to Eight), Law
4/189.5; Further Provisions against Vagrancy and Tlieft, Law 8/1899; Pass Laws Amend-
ment, Ordinance !)/]9l)(j; Pass Laws (Supplementary) (Irdinance oO/19()G.
I. hiwitrd anil (hitiniiil Pimxes.
l*]very coloured njale over 16 years coming from beyond the borders of the Province is
required to liave a pass signed by a missionary of his station, his C'hief or a competent
official, and must state the object of his journey, destination, time allo-wed and number of
persons and gonds he is taking with him (section fen, Cltapter cxxxiii.. Part II.). Such
passes are available for seven days without charge, but the holder, if lie intends remaining
in the Province for more than 24 hours, must proceed immediately on entry to the nearest
justice of the peace or pass issuer and get his pass endorsed (section one, sub-section (2),
Act 9/1906). Passes, however, cannot be issued for a longer period than 14 days (sub-
section (11), section one. Act 9/1900).
II. TraveUinci Passes.
Within the Province every coloured person moving about must be provided with, a pass
or can be arrested as a vagrant by any inhabitant and sent to a field cornet, justice of the
peace or Magistrate (section lira, Chapter cxxxiii. Part II.). By section tlii itij-lliicr
the duty of examining passes is thrown on every burgher. By sections thirty and tliirti/-
faiir the Magistrate can place such vagrants in employment oai contract and by section
lliirti/si.r landowners and occupiers of land are compelled to keep a list of all coloured
persons residing on their farms with their goods, cattle, etc.. set forth,, which must be
open for inspection by the field cornet.
A master may issue a pass to his servant to proceed on his master's business, available
in any part of the Colony for a period of not exceeding 14 days, or if on the servant's
business for 7 days (sub-section (3), section one, Act 9/1906. A coloured landowner has
(lie same power of granting passes as a white master, but only extending to the ward in
which he is resident (section seven, Act 4/1895). Women travelling do not require a pass
(sub-section (9), section one, Act 9/1906), except when driving stock (Article Three, Law
4/1895). Special passes are also issued for travelling under Act 9/1906. A trek pass
luay be issued to any coloured person, on the application of his master, to travel with his
own or his master's "stock to any part of the Colony. Such pass is only available while
actually travelling and in no case for longer than 40 days. At the end of such period it
may be endorsed by a pass issuer to enable the holder to return with or without his stock.
Cojaiired labourers border passes are issued (under sub-section (5)) to coloured males resid-
ivf-y beyond the border who are in the bona fide employ of a white master, and have
produced a certificate from him. They are issued for not longer than one month and can
be renewed. Coloured evangelists' jiasses are issued (under sub-section (6)) to coloured
evanri-elists attached to a church recognised by the Government, and on the recommenda-
tion "of a white minister of such church. They are issued by the Eesident Magistrate,
and are available for not longer than six months. No railway ticket may be issued to any
native not provided with a pass (section eight, Act 4/1895), "but it is not necessary for a
7nale coloured servant to hold a pass when accompanying his master by train (sub-section
(7), Act 9/1905). By sub-section (10) servants leaving their place of service to complain
against their masters are exempted from the necessity of holding a pass, after such a pass
has been unreasonablv refused by the master.
33
11 r. Rpsideiifinf Pnsse.i.
These niay he divideil iiilci tliroc cliis^cs. |{ur:il. Mmiiii|i;il ;iiul l/iliinn l)i>tiicl-i.
((/) By scilioii (iiir. Act iS/lS!)!) excrv ow ihm-, 1css(>i', (h occiipici of ;i l;niii iinisl iiiov iili' Residential
..... |)a.s.scs.
every male coloured j)ersoii over 15 years liviiiu' with liiiii or liircd hv him to wciiU with a
residential pass. Such pass inu.st be fjiveii to liic iialixc as soon as liii' arrives on llic tarui,
and failing- to do so reiideis lli<^ owner liable to penalties. Siuli ])asM's arc open lo n,,,,,,! re^^i^.,,.
inspection by tlie field cornet, and where natives aie found not jxissessinj;' fheni, tliey nni--l liul passes.
be tiealed as vajjiants. In connection willi tlicse passes the pro\isions in rejiaid lo the
number of native families allowed on a tarm slioiild be iioliccd (.\(l I bS!t.')|. 'I'lic (dijcd
of tiie j)asses is to maintain a chetdi on the ninidicr nt iiali\c-, on cadi laini. and mu;ii-<1
against unlicensed s(|ualtinp'.
(b) MuiiiciiKil I'dsxcs. — Municiiialities and \'illa<>-e Manao'cnieiil lioards are empowered '^'".","''1'"'
1 I / TIT .1 /I. in.. , • ■ 1 • (. 1 1 11 1 1 ,• 1. resicleiitml
»}■ Act JNo. iS/ l.S!).) to appoint K)catu)ns tor cohniied ])e()])ic and make reiruhilions tor con- .^j.^^.^
trolling tKeir residence, nieetings and tlicii- rights nt cattle oia/in"-, etc. Thev ai-e, in
fact, under this Act granted very wide i)owers, and it is to be regretted that the action of
the muni<i])alilies has in some cases lent coloui' to the accusation that tiiey regarded the
natives under their control as a source of revenue.
]}y section jour of Act !)/l!»()li municipalities arc cxemjjlcd from tjie provisions of that |;J,\'^[^f /i"""
Act in regard to ]iasses lieing issued lice. Therefore, thcv arc enabled to cl\aij;'e for the resi- .,aj,j,p^
dential passes which must be lal<cn out under section iim of Act S/bS!):!. and in addition tliey
are applied by .section cif/lit to both men and women. In this section we get a dclinitidii.
or rather a description, of the term cohnired peison as ini lulling " any man or woman ovei' "Coloured
the age of Hi years of any native tribe in South Africa, and also all coloured ])ersons, P^''-'*""^-
and all who in accordance with law or custom are called coloureil ]>ersoiis or are tieated as
such, of whatever race or nationality." It is the application of the law to include women Taxation im-
thaf is at present the idiief source of di.ssatisf action amongst the coloured jiopulation in P"***"* "" native
the Province. The policy of the municipalities is no doubt directed towards jireventing
iiumbers of undesirable coloured females collecting in theii' locations and at the same time
of sending them into service. The natives, howevei', resent this, and it has been urged by
their representatives that if this law is drafted with a view to obtaining revenue, tliey
would prefei' being taxed in oth.er ways.
By section tJirce persons desii'ing to work on their own account must obtain a certifi-
cate over and above their residential pass, and for this they are chaiged fis. a month.
The certificate must mention the nature of their employment, and the fact that they have
obtained leave to work on their own behalf.
(<;) In certain areas which h.nve been de(dare<l lal)our districts under the piovisions of Labour district
section neventeeii, of the jN^ative Labour llegnlation Act Xo. \o of ]!)11 {riilc Pro( lamation P"-^**^**-
No. -501 of 1911) every native resident is compelled to registei' himself and obtain a regis-
tration certificate which he must carry and on whii h he must pay a legistration fee of Is.
a month, payable bj- the employer and recoverable from the native through his wages.
In addition to this he is liable under section nine of tke Regulations {vlile G.N. 1988/1911,
Part VII.), to the payment of hospital fees at the rate of Is. a month if a native labourer,
or otherwise 6d. a month. In return for the latter fee the native obtains hospital ])rivi-
leges. Any native registered under these regulations and paying hospital fees is exem])t
for the period of payment from Poll Tax.
IV. Cattle Removal Passes.
Besides the trek pass referred to under travelling passes, by ()idinance f^2 of l^fl'i, cattle removal
Removal of Stock Act, no person is allowed to lemove any stock into the Proviiue or from passes.
one district to any place outside such district without ol>taining a removal permit from a
Magistrate, justice of thie peace, or police officer. Such permits must be dated, state the
number and description of the .stock, the place from and to which removed, the name of
the owner and name of person to whom pass issued. Such permits shall remain in force
not more than 20 days, but may be renewed by endorsement. Failuie to comply with
these recjuirements renders the stock liable tO' be im])ounde(l and the person in charge
arrested.
The Issue of Passes. — The provisions dealing with th.e issue of travellint;- passes are ^ ,
, ■ 1 • T. . TXT f rii i ••• T. 1 • 1 1 ^ >. ' ,.,,> • 1 Issue of passes,
contained m Part 111. oi Chapter cxxxiii. Passes are done up in books of 101) with
counterfoils, and can only be issued on the proper form. Justices of the j)eace, fitdd
cornets and assistant field cornets are supplied with these books and any other juMson
appointed as a pass issuer. Only the proper officials may issue them.
ExemiJtions. — Certain coloured persons are exempted from the provisions of the Pass Exemptions.
Laws : —
(1) An ordained minister of a Christian denomination recognised by (iovernmenl.
(2) A coloured, person holding a higher educational certificate from tli« Education
Department in this or any other British Colony and holding at the same lime
position as teacher in a recognised educatioiuil establishment in the Colony.
[IT.G. 41— '22.]
:U
(3) Coluiired persons exeirisinj; piotVssioii or iiade. .„^(;„„
4 ('oloured persons ..iititle.l 1o hold Hxod property under sul.-se.'tu.n (8), section
■ nnr. Act !)/l!)0(i. Sn.l, lu.ldinii i< re-nl;,led l.y Cl.ai.ter xsx.v. sections one,
firii and tliiif.
These persons nn.sl applv In tl.e Lieutenant-Uovern.n- for letters of exemption reliev-
ino- th,e,n iron, the operations ot the pass laws. These letters nn.sl he signed by the
Cdonial Seeretarv, registered an.l the date of ref-islrat n.n endorsed thereon (seetion t,u>)
Thev nn.st he produeed on demand hy any poli.-e olliee,' (sertion llnrr), and cannot I.e
issued to the ai)plicant until he has taken aii oath of alle-iiance.
Ap,)lications for su.-h letters nnist contain the particulars set forth in section /o^/;, and
n.ust be supported bv a certificate of good .-haracter from a Maoistrate or .instice of he
Zc, and a verifyin»- affidavit must be atta<-hed. The Lieutenant-(tovernor may refuse
lo issue su.l, letters for any reason whi.'h appears to him sulii-ient. and n,av revoke tben.
on cause to his satisfaction beinfi' shown.
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